Page:United States Reports, Volume 1.djvu/46

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COURT of OYER and TERMINER &c. at Philadelphia.


And, by the court it was accordingly ruled, that evidence by given of an overt act, committed in another county, after an overt act was proved to have been committed in the county where the indictment was laid and tried.

The Defendant was acquitted.

The Attorney General and Reed for the Commonwealth.

Wilʃon and Roʃs for the Defendant.



HIS was an indictment for High Treafon, which was fet forth in the following words:

"The Jurors for the Commonwealth of Pennƒlvania, upon their

"oaths and affirmations, do prefent, That Abraham Carliƒle, late "of the city of Philadelphia, in the county of Philadelphia carpen-

"ter; being an inhabitant of and belonging to and refiding within

"the State of Pennsƒlvania, and under the protection of its laws, and

"owing allegiance to the fame State, as a falfe traitor againft the

"fame, not having the fear of God before his eyes, but being moved

"and feduced by the inftigation of the Devil, the fidelity which to

"the fame Sate he owed wholly withdrawing, and with all his

"might intending the peace and tranquility of this Commonwealth

"of Pennƒylvania to difturb, and war and rebellion againft the fame

"to raife and move, and the government and independency thereof,

"as by law eftablifhed, to fubvert, and to raife again and reftore the

"government and tyranny of the king of Great Britain within the

"fame Commonwealth : On the firft day of January, in the year of

"our Lord one thoufand feven hundred a feventy eight, and at di-

"vers days and times, as well before as after, at the city of Phila-

"delphia, in the county aforefaid, with force and arms, did falfely and

"traiteroufly take a commiffion or commiffions from the king of

" Great Britain, and then and there, with force and arms, did falfely

" and treacheroufly alfo take a commiffion or commiffions from ge-

" neral Sir William Howe, then and there acting under the faid king

"of Great Britain, and under the authority of the fame king, to wit,

" a commiffion to watch over and guard the gates of the city of Phi-

‘‘ ladelphia, by the faid Sir William Howe, erected and fet up for the

" purpofe of keeping and maintaining the poffeffion of the faid city,

" and fubjects of this Stat and of the United States from the faid

" city : And then and there alfo malicioufly and traiteroufly, with

" a great multitude of traitors and rebels, againft the faid Common-

" wealth, (whofe names are as yet unknown to the jurors) being

" armed and arrayed in a hoftile manner, with force and arms did

" fafely and traiteroufly affemble and join himself againft this Com-

" monwealth, and then and there, with force and arms, did falfely

" and traiteroufly, and in a warlike and hoftile manner, array and

" difpofe
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