Page:United States Reports, Volume 1.djvu/44

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OYER and TERMINER &c. at Philadelphia :


September Seffions, 1778.


Before M'KEAN, Chief Juftice.
ATLES and EVANS, Juftices.




RESPUBLICA verʃus MOLDER et al.


A

FTER full argument by Wilʃon, Reʃs and Lewis, counfed for Joʃuba Molder and John Taylor, indicted for treafon,and of the Attorney General and Reed in behalf of this Commonweath:

It is ruled BY THE COURT, That every perfon accufed, or indicted of High Treafon, fhall have a copy of the while indictment (but not the names of the witneffes) a reasonable time, not lefs than one day before the trail ; his attorney, counfel, or agent requiring the fame, and paying reafonable fees therefore : And fhall alfo be furnifhed with a copy of the pannel of the jurors who are to try him, duty returned by the Sheriff, and delivered to him, or his counfel, a reafnable time, not lefs than one day, before his trail.


REPUBLICA verʃus MALIN.


I

NDICTMENT for High Treaʃon.–The prifoner, miftaking a corps of American troops for Britiʃh, went over to them. And now the Attorney General offered evidence of words spoken by the Defendant, to prove this miftake, and his real intention of joining and adhering to the enemy. This was oppofed by the counfel for the Defendant, who contended, that as words did not amount to treafon, no general evi-

dence
F