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.

THE COURT (DUCKETT, Circuit Judge, absent) continued the cause and directed a rule on the witness to show cause on Saturday, the 12th instant, why an attachment of contempt should not issue against him for not obeying the summons.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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