1785-12-15 (static/transcriptions/1785/12/071.jpg)

to find Witnesses to have proved the place of his Birth, but not being proved, he must be acquitted for his being a British Subject is a Question involved in your decision with the fact of the Offence charged, and if the Jurisdiction is not proved, the going on to hear Evidence to prove or disprove his Guilty is improper. I do not impute this defect of Evidence on the prosecution