Henry's Executors v. Ricketts, Newton, & Co.

Henry’s Executors v. Ricketts, Newton, & Co. The Court will not, in a civil suit, attach a witness who resides more than one hundred miles from the place of trial, nor issue a subpama commanding him to go and testify before a magistrate. Mr. R. J. Taylor, for the defendants, moved for a rule on James Taylor to show cause why an attachment should not issue against him for a contempt in not obeying a summons to appear and testify as a witness, and to bring with him certain papers. The witness resided in Norfolk, Virginia, more than one hundred miles from the place of trial. [MAJORITY — The Court] The Court told Mr. Taylor they would hear him further in support of the motion. The Court, on hearing, refused to lay a rule, being of opinion that a witness, residing more than one hundred miles from the place of trial, could not be compelled to attend ; and refused to issue a subpoena commanding the witness to appear before the mayor of Norfolk to testify. See Acts of Congress, September 24,1789, § 30, [1 Stat. at Large, 88]; and March 2, 1793, <§, 6, [1 Stat. at Large, 333.]