United States v. Williams

Decided July 15, 1804

District of Columbia District Court · decided 1804-07-15

The prisoners being brought up to be arraigned for counterfeiting a bank-note of the United States for fifty dollars, — observed that the Act of Congress [1 Stat. at Large, 573,] has made it felony, and the Act of 30th of April, 1790, § 29, [ut sup. 118,] entitles the prisoners to a copy of the indictment and a list of witnesses in all capital cases. Every felony at common law is a capital offence.

Decided 1804-07-15

The Court(Kilty, C. J., absent,)

¶1was of opinion, that the prisoners were not entitled, under the Act of Congress of 30lh of April, 1790, § 29, [1 Stat. at'Large,] to a list of witnesses, jurors, &c., but ordered them to be furnished with a copy of the indict*179ment, and gave them reasonable time to plead. A witness from Philadelphia, who was'not summoned, was allowed to prove his attendance to testify to the grand jury in this case, having been requested by the Attorney for the United States to attend.

¶2A venire facias was ordered for the 3d Monday in September.