1779-01-18 (static/transcriptions/1779/01/028.jpg)

1779. 1 Term. [Monday] Jan: 18.

and Council. When the Court see that a Witness is kept out of the way to be sure they will let you save the Notice of Trial, and perhaps, if it is necessary they will let you put the Trial off from time to time till the Witness appears.
We can not help taking notice of the Names of the Parties, and that One of them the Defendant, is a Member of the Council. When in such a Cause we see a Witness kept away, we can but suspect it is by his Influence.
When we see influence and power exerted to prevent the appearance of a Witness, it is but just to delay the Trial to get at his Testimony if possible.
In England if a Witness being subpoenaed does not appear, the party for whom he is subpoenaed may proceed against him by action, or he may be punish’d by fine and imprisonment on an attachment for the contempt. I had a considerable share in advising on Our Charter, with the Attorney General Mr. Thurlow, now Lord Chancellor, and being aware that in this Country influence and Power to prevent Witnesses from
attending