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

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Court of Oyer and Terminer &c. at Philadelphia.
35

1778.

And, by the Court it was accordingl y ruled, that evidence might be 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.

Wilſon and Roſs for the Defendant.

Respublica verſus Abraham Carlisle.

This was an indictment for High Treaſon, which was ſet forth in the following words:

“The Jurors for the Commonwealth of Pennſylvania, upon their oaths and affirmations, do preſent, That Abraham Carliſle, late of the city of Philadelphia, in the county of Philadelphia, carpenter; being an inhabitant of and belonging to and reſiding within the State of Pennſylvania, and under the protection of its laws, and owing allegiance to the ſame State, as a falſe traitor againſt the ſame, not having the fear of God before his eyes, but being moved and ſeduced by the inſtigation of the Devil, the fidelity which to the ſame State he owed wholly withdrawing, and with all his might intending the peace and tranquility of this Commonwealth of Pennſylvania to diſturb, and war and rebellion againſt the ſame to raiſe and move, and the government and independency thereof, as by law eſtabliſhed, to ſubvert, and to raiſe again and reſtore the government and tyranny of the king of Great Britain within the ſame Commonwealth: On the firſt day of January, in the year of our Lord one thouſand ſeven hundred and ſeventy eight, and at divers days and times, as well before as after, at the city of Philadelphia, in the county aforeſaid, with force and arms, did falſely and traiterouſly take a commiſſion or commiſſions from the king of Great Britain, and then and there, with force and arms, did falſely and treacherouſly alſo take a commiſſion or commiſſions from general Sir William Howe, then and there acting under the ſaid king of Great Britain, and under the authority of the ſame king, to wit, a commiſſion to watch over and guard the gates of the city of Philadelphia, by the ſaid Sir William Howe, erected and ſet up for the purpoſe of keeping and maintaining the poſſeſſion of the ſaid city, and of ſhutting and excluding the faithful and liege inhabitants and ſubjects of this State and of the United States from the ſaid city: And then and there alſo maliciouſly and traiterouſly, with a great multitude of traitors and rebels, againſt the ſaid Commonwealth, (whoſe names are as yet unknown to the jurors) being armed and arrayed in a hoſtile manner, with force and arms did falſely and traiterouſly aſſemble and join himself againſt this Commonwealth, and then and there, with force and arms, did falſely and traiterouſly, and in a warlike and hoſtile manner, array and
“ diſpoſe