CASES

ARGUED AND DETERMINED

IN THE

COURTS OF COMMON PLEAS

AND

GENERAL SESSIONS OF THE PEACE, &c.

FROM

THE YEAR 1783 TO THE YEAR 1790,

BOTH INCLUSIVE.

The STATE against Lewis.

THE prisoner Lewis was charged with horse-stealing,

Camden, No vember Sessions, 1783.

soner has

a capital of

Where a priand committed to prison for the offence, on the day previous been committo the session of the court. The grand jury having found ted to gaol for a bill against him, he was brought into court and arraigned, fence, and upon being asked if he was prepared for his trial, he answered in the negative. His counsel then moved to postpone his trial, upon an affidavit of the absence of some material witnesses, which was opposed by the

short time

previous to the sitting of

the court, or during the session, so that he could not be pre

pared for his

defence; in

such case the

court will

Attorney-General, as having a tendency to establish a precedent of a very dangerous nature. He went at large into the nature and frequency of the offence; the necessity of postpone his putting a speedy and effectual check to it; and urged, that trial, in order if prisoners were permitted to postpone their trials on their an opportuniown affidavits, in the manner moved for, scarcely one in

ten would be brought to justice. It was easy to foresee,

VOL. I.

to give him

ty of procur

ing his wit

nesses.