Park v. Willis

U.S. District Court

Decided November 15, 1806

U.S. District Court · decided 1806-11-15

Special action on -the case [by Park’s administrator against Willis] — plea, not guilty. On' the trial, the defendant objected to the reading of a deposition, because it did not appear that the witness might not attend personally. The residence of the witness was agreed to be at Fredericksburg, fifty miles only from Alexandria. No subpoena had been issued for him.

Decided 1806-11-15

THE COURT

¶1refused to permit the deposition to be read. See Voss v. Luke (July Term, 1806) [Case No. 17,014]; Woods v. Young (July Term, 1806) [Id. 17,994]; Lewis v. Mandeville [Id. 8,326].

¶2The plaintiff then offered to read a deposition of John Hand, taken by the defendant, and filed in the cause, after having proved that Hand sailed for Philadelphia about three weeks ago, and had not returned. No subpoena had been issued for him.

¶3THE COURT permitted it to be read.