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2 Mart. 279

Macarty's Case

Superior Court of Louisiana

Decided July 1, 1812

Superior Court of Louisiana · decided 1812-07-01

Habeas corpus. The gaoler produced, as the cause of his detention, a warrant from a parish judge, stating that ftom depositions before him, there was string suspucion that the prisoner was concerned in an insurrection of the slaves. com-rnmanding an officer to arrest him apd convey him to jail, and the gaoler to receive and keep him. till he was discharged in clue course of law.

Decided 1812-07-01

By the Court.

¶1Although the prisoner. must be released from confinement on the present mittimus, as strong suspicion arises against him, we ought not to dismiss him without hearing the witnesses who are before. the grand jury: but as they are now under an examination before the proper tribunal, it is much more convenient that weshould await the determination of the grand jury, then to suspend or disturb it, by sending for the witnesses from the grand jury room. The prisoner must thereforebe committed for a farther inquiry, until the morning when, if the bill be found not a true bill, he will be discharged.

¶2Prisoner remanded.

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