¶1However suspicious the testimony of Bowers may be, yet as he has sworn directly to the offence committed by Davison, we cannot discharge him. It is the province of a grand and petit jury alone to determine on his innocence or *guilt. Let the prisoner give bail, himself in $1000 and ri¡5 two sureties in $500 each, to answer the alledged fraud at ' the next Mayor’s Court to be held for the city of Philadelphia.
4 Yeates 124
Respublica v. Davison
Decided December 15, 1804
Supreme Court of Pennsylvania · decided 1804-12-15
PIabeas corpus cum causa, under the act of 1785, issued to the keeper of the criminal department, to bring up the body of the defendant. It appeared by the return thereon that he was committed to gaol by Abraham Shoemaker, esq., one of the aldermen of the city, for having wilfully set fire to a vessel of which he was owner, called the Theodosia, with the intent to defraud and cheat the Phoenix Insurance Company, out of the insurance made on her, upon the oath of David Bowers.
Decided 1804-12-15