¶1THE COURT told Mr. Taylor they would hear him further in support of the motion. THE COURT, on hearing, refused to lay.a rule, being of opinion that a witness, residing more than one hundred miles from the place of trial, could not be compelled to attend; and refused to issue a subpoena commanding the witness to appear before the mayor of Norfolk to testify. See Acts Cong. Sept. 24, 1789, § 30 (1 Stat. 88), and March 2, 1793, § 6 (1 Stat. 333).
11 F. Cas. 1189
Henry v. Ricketts
U.S. District Court
Decided November 15, 1809
U.S. District Court · decided 1809-11-15
[Action at law .by Henry’s executors against Ricketts, Newton & Co.] moved for a rule on James Taylor to show cause why an attachment should not issue against him for a contempt in not obeying a summons! to appear and testify as a witness, and to bring with him certain papers. The witness resided in Norfolk, Virginia, more than one hundred miles from the place of trial.
Decided 1809-11-15