Hodgson v. Butts 12 F. Cas. 282, 1 Cranch, C. C. 447

Case No. 6,563.

HODGSON v. BUTTS.

[1 Cranch, C. C. 447.] 1

Circuit Court, District of Columbia.

Nov. Term, 1807.

Witness — Subpoena—Attachment.

The court will grant a rule on a witness residing in Baltimore, to show cause why he should not be attached for not attending according to summons.

The deposition of James Hamilton had been taken de bene esse, by the defendant with notice, and the plaintiff’s attorney appeared under protest, that is, reserving all objections, &c., and cross-examined the witness; the defendant had a subpoena served on Hamilton, who resides in Baltimore, and who by letter acknowledged service, but stated that he was a clerk in the collector’s office and could not attend without detriment to the public.

The defendant’s counsel, Mr. Jones, prayed for a continuance unless the plaintiff would permit the deposition to be read in evidence.