3l4 Cues ruled and adjudged in the !798. The teitimony may be of fueh a nature, as not to admit of all tru`.: its force being reduced to the form of a depolition. With refpefi to a difclofure of the fatls, which depend on the tellimony of the witnefa, we think that it is not regularly in our power to compel it ; and, even if we had the power, it might be elfentially wrong, in man cafes, to exereife it. Nor, do-! think, that, becaufe is a ufe of ejeéimcnt, the Court fhould be lefs fcrnpnlous in ordcrin the trial to pro- ceed: for, it mult be reeoliefted, that the Deieudant is, at pre- fent, in polfeilion of the premifes, butwill be eviéted, if the “‘2?""5.F‘Q"°‘}..,“f·”“i“.»‘E."3>‘I,‘;... ........t i.. . r " pon w e per ps ay ownage-· neral rule, for the ’eontinuance of caufes; bbt mufl, under the eircumfiances of each cafe, take care that injnltiee is not done, either by precipitate trials, or wanton delays. In the prefent inltanee, there appears to be a fair ground for the polk- ponement · and therefore ’ , ’ Let the canfe be continued.
April Term, 1798. ` —— —-.. Prefent, Cms: and Perus, _7q/lice:. The Unrrus S·ra·rr—;s wgpu Woman;. LA ieigndansh wg) chsiiiged witgi Ian lpttempt to gripe me ox-: e mma. noner o t e evenue; an t e uc 2’I• indiétment, contaihing two counts, fct forth the cafe as follows: ZSR. Z5!/. ¢¢ The Grand lnquelt of the United State: of Am:rim,for the Pmri/j-Ioania Diflriét, upon their refpeétive oaths and al}irma· tions do prefent—T hat whereas on the I gth day of bla] r7g4, it was enafted by the Senate and Houfe of Reprefentatives of the United States of America, in Congrefs aflembled; •• that as foon as the jurifdiélion of fo much of the headland of Cape Hatteras, in the State of North Carolina, as the Prefident of the United States (hall deem fuliicient and mofk proper for the con- _ venicnce
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