¶1There seems no intention to contemn the process of the court by this witness; on the contrary, he made an effort to obey, to the extent of his ability. The attachment is to punish for disobeying the process of the court wilfully, not to redress the party injured by the absence of the witness; for that injury he has his action. The defendant is discharged, at the costs of the applicant for the writ.
1 Wright 500
State v. Hasleps
Decided April 15, 1834
Ohio Supreme Court · decided 1834-04-15
<p>Contempt — witness making efforts to get to court not in contempt — process in, not to redress the injury to the party, but to punish.</p> <p>Where a witness intends to obey the process, and has made efforts to attend, he will not be fined if he does not arrive until half an hour after the time specified in the subpoena.</p> <p>Process of contempt is to punish the disobedient witness, not redress the party subpoenaing him; for his injury he has his action.</p>
Decided 1834-04-15