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It has been held that two witnesses are required to each overt

abstract of it is preserved. Convinced by his argument, Mr. Justice Grier charged the jury as follows:

"But when the object of an insurrection is of a local or private nature, not having a direct tendency to destroy all property and all gov ernment, by numbers and armed force, it will not amount to trea

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"The conspiracy and the insurrection connected with it must be to affect something of a public nature, to overthrow the government or to nullify some law of the United States, and to totally hinder its execution or compel its repeal. band of smugglers may be said to set the laws at defiance, and to have conspired together for that purpose, and to resist by armed force the execution of the revenue laws; they may have battles with officers of the revenue, in which numbers may be slain on both sides, and yet they will not be guilty of treason, because it is not an insurrection of a public nature, but merely for private lucre or advantage. A whole neighborhood of debtors may conspire together to resist the sheriff and his officers in executing process on their property; they may perpetrate their resistance by force of arms; may kill the officer and his assistants, and yet they will be liable only as felons and not as traitors. Their insurrection is of a private not of a public nature; their object is to hinder or remedy a private not a public grievance. A number of fugitive slaves may infest a neighborhood and be encouraged by the neighbors in combining to resist the capture of any of their number;

they may resist with force and arms their master or the public officer, who may come to arrest them; they may murder and rob them; they are guilty of felony and liable to punishment, but not as traitors. Their insurrection is for a private object and connected with no public purpose. It is true that, constructively, they may be said to resist the execution of the fugitive slave law, but in no other sense than the smugglers resist the revenue laws, and the antirenters the execution laws. Their insurrection, their violence, however great their number may be, so long as it is merely to attain some personal or private end of their own, cannot be called levying war. Alexander the Great may be classed with robbers by moralists, but still the political distinction will remain between war and robbery. One is the public and National, the other private and personal. Without desiring to invade the prerogatives of the jury in judging the facts of this case, the court feel bound to say that they do not think the transaction with which the prisoner is charged with being connected rises to the dignity of treason or a levying of war, for want of a proof of previous conspiracy to make general and public resistance to any law of the United States."

A verbatim report of the trial, excepting the speech of Mr. Read, is to be found in a rare pamphlet published by King & Baird at Philadelphia in 1852.

In 1892, an attempt was made to suppress the activities of the Trade Unions at Homestead, Pennsylvania, by indicting their leaders for treason

act upon which a conviction is based; 19 but that when the overt act is single, continuous, and composite, made up of several circumstances and passing through several stages it is not neces sary that there should be two witnesses to each circumstance at each stage.20

§ 5230. Right to a speedy trial. By the Sixth Amendment, "In all criminal prosecutions, the accused shall enjoy the right to a speedy trial." "The right of a speedy trial is necessarily relative. It is consistent with delays and depends upon circumstances. It secures rights to a defendant. It does not preclude the rights of public justice. It cannot be claimed for one offense and prevent arrest for other offenses." Nor prevent a removal to another district subsequent to an indictment for another offense.2 It has no relation to the place of trial.3

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It has been said that it means a trial so soon after indictment as the prosecution can, by a fair exercise of reasonable diligence, prepare for trial; regard being had to the terms of the court. By acquiescence in adjournments,5 or by the interposition of a dilatory plea, defendant waives the objection that he has not

against the State of Pennsylvania because of riots which accompanied a strike. The Chief Justice of the State charged the grand jury in language which authorized and was followed by such an indictment. People v. Hugh O'Donnell and 30 others, 12 Pa. Co. Ct. 97, per Paxson, C. J. The author then wrote for the Albany Law Journal a history of Treason Trials in the United States. (46 Alb. L. J. 345, Oct. 29, 1892.) This referred to the Pennsylvania indictments and quoted the charge of Grier, J., which had just been quoted here. The article was supported by vigorous editorials by that accomplished scholar Irving Browne in the Albany Law Journal and Ex Judge Seymour D. Thompson in the American Law Review (26 Am. Law. Rev. 912), which criticised with great severity the charge

by Chief Justice Paxson. This accomplished the abandonment of the indictments.

19 U. S. v. Fricke, 259 Fed. 673, 677; U. S. v. Robinson, 259 Fed. 685, 694. But see U. S. v. Mitchell, 2 Dallas 348, Fed. Cas. No. 15,788; Regine v. McCafferty, 10 Cox Cr. Cas. 603.

20 U. S. v. Fricke, 259 Fed. 673, 677. § 5230. 1 Beavers v. Haubert, 198 U. S. 77, 87.

2 Ibid.

3 Ibid.

4 Cooley's Constitutional Limitations, 6th ed., 377; citing U. S. v. Fox, 3 Mont. 512; Creston v. Nye, 74 Iowa 369.

5 Philips v. U. S., C. C. A., 201 Fed. 259.

6 MacKnight v. U. S., C. C. A., 263 Fed. 832.

had a speedy trial, except under extraordinary circumstances. A fugitive from justice cannot object that he has had no speedy trial.7

It seems that the proper remedy in case a speedy trial is denied would be an application for a writ of mandamus,8 or for a reduction of the bail, or for release on bail in case bail has been denied.9

§ 524. List of jurors and witnesses. By the Revised Statutes, "When any person is indicted of treason, a copy of the indictment and a list of the jury, and of the witnesses to be produced on trial for proving the indictment, stating the place of abode of each juror and witness, shall be delivered to him. at least three entire days before he is tried for the same. When any person is indicted of any other capital offense, such copy of the indictment and list of the jurors and witnesses shall be delivered to him at least two entire days before the trial.”1

"The provision is not directory only, but mandatory to the government, and its purpose is to inform the defendant of the testimony which he will have to meet and to enable him to prepare his defense." 2

It refers to the list of the regular panel of jurors in attendance at the opening of the trial. It does not require a list of the jurors subsequently brought in on a special venire to complete the jury. If the defendant seasonably objects to a failure to furnish him with a copy and list, the trial cannot lawfully proceed until the statute has been obeyed; 5 but such an objection may be waived. It must be raised before the jury is sworn.7

When a witness is called, whose name is not upon the list that has been delivered to the defendant, his counsel must im

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mediately object. It is too late to raise the objection after the testimony in chief of such witness has been concluded.9

The two days' time must be exclusive of the day when the papers are delivered and of that when the trial begins.10

The arraignment is ho part of the trial and the accused is not entitled to these papers before he is obliged to plead.11

The caption must be included in the copy of the indictment furnished.12 The places of abode of the jurors and witnesses should also be designated.13 It is insufficient to state the names of the counties alone.14 The townships should also be stated.15 Their occupations need not be.16 The names of witnesses, who are used for rebuttal, need not be stated in the list.17

In cases not capital, the prisoner is not entitled to a list of the witnesses, 18 nor, to a list of the jurors; 19 nor to a copy of the indictment at the expense of the government.20

A rule forbidding the disclosure of the names of the jurymen more than two days before the beginning of the term is valid and may be enforced in all cases which are not capital.21

A State statute or practice requiring that the names of the witnesses be indorsed on the indictment is not followed by the Federal court.2

22

A copy of the indictment may be given the accused at his expense after his arrest.23

The defendant, no matter what the charge against him may be, is not entitled to a list of witnesses examined by the grand

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jury upon the subject of his indictment; 24 but when there has been no preliminary examination the court may order that he be given a list of such witnesses,25 either absolutely or as an alternative to permitting a continuance for further preparation for trial.26

§ 525. Place of trial. The Constitution ordains: "The Trial, of all Crimes, except in Cases of Impeachment, shall be by Jury, and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the trial shall be at such Place or Places as the Congress may by law have directed."1

The Sixth Amendment ordains: "In all criminal prosecutions, the accused shall enjoy the right of a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law." 2

This amendment does not apply to crimes committed in territory outside of the States of the Union although within the jurisdiction of the United States.3

It applies to corporations.

It does not prevent the trial of an offense committed in different districts in either of them; 5 nor a trial for a conspiracy in any district where an overt act has been committed."

By the Judicial Code: "All prosecutions for crimes or offenses shall be had within the division of such districts where the same were committed, unless the court, or the judge thereof, upon the application of the defendant, shall order the cause to be transferred for prosecution to another division of the district. When a transfer is ordered by the court or judge, all the papers in the case, or certified copies thereof, shall be transmitted by the clerk, under the seal of the court, to the division.

24 U. S. v. Aviles, 222 Fed. 474. 25 U. S. v. Southmayd, 6 Bissell 321.

26 U. S. v. Aviles, 222 Fed. 474.
§ 525. 1 Article III, Section 2.
2 See § 507 supra.

3 U. S. v. Dawson, 15 How. 467, 487; Cook v. U. S., 138 U. S. 157, 34 L. ed. 906.

4 John Gund Brewing Co. v. U. S., C. C. A., 204 Fed. 17.

5 Hyde v. U. S., 225 U. S. 347, 56 L. ed. 1114.

6 Robinson v. U. S., C. C. A., 172 Fed. 105.

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