District of Saint LouisDistrict of Saint Louis
Thomas WinnThomas Winn being duly sworn on the holy Evangelists
of almighty god deposeth and saith that he was in view
where there were one indian woman and three
Indian men which appeared to be in conversation with
each other, when one of the man (whose name I am
informed is Aske nawa the young man) struck the
woman on the right side side of the neck with a
bunch of arrows which appeared to be in a tangled
position. the woman then ran across the street
and the next thing I saw, was, the woman lying
in Mr. BeardsB. SmithB Smith Shop, she was then taken
out of the shop by Mr. Beard and a couple of Indians
and laid at the end of the shop near where the
act was [ commited ]. I than waited on Doct. Farrow
while he endeavoured to give the woman some
assistance, but she in a short time expired which
I belive was occasioned from a wound in the neck
which was given at the time of the stroke with
the bunch of arrow by the above named Indian
the above mentioned Indian woman is by name (as I am informed) Othipaya Or the head
Thos Winn Jr
Sworn to and subscribedbefore the coroner of the
District of SS Louis LouisS Louis27th May A.D 1811
John WJohn W . Honey
District of St LouisSt Louis Sct
Charles SanguinetteCharles Sanguinette being duly sworn on the
holy Evangelists of Almighty God deposeth and
saith that he
the deponent this
twenty seventh day of May one thousand
eight hundred and eleven saw an indian man standing
with an
indain woman in the street of St. LouisSt Louis opposite
the lake house of
madame RobidouxRobideaux that the said Indian
man
appeared to be talking with the said Indian
woman
that there was two other Indain men standing by them
that
one of the Indains that was standings by mounted a
horse, that when he
had mounted on the horse the said
Indain woman [ cauth ] hold of
the bridle
the horse and walk a few
steps leading the horse after
her that the indian man which had been
talking with
the said indian woman walk round the house which
when
the said indian woman saw she went to the
side of the house by an old
Indian man. that the Indian
man who had been talkings with the said
Indian woman
took an arrow (not armed) made of wood & struck
the said indian woman
on the neck does not recollect
whether on
the right or left side that the Indian
woman immediately run offI
further saith not
Charles Sanguinet
Sworn to before me the
Subscriber of the
District of SS Louis LouisS Louis27th may A.D. 1811
John WJohn W Honey
Territory of LouisianaLouisiana
District of S
LouisS Louis
The undersigned a
jury
of inquest over
The body of Othepa Ya ya
(or the head) an Indian woman now lying dead in the
streets of St LouisSt Louisopposite the house of
Madame
Roubideaux upon our oaths do present
and
say that
she came by her death in consequence
of a wound in the
right side of the neck in or near
the
jugular
vein, given her by an Indian man by
the
name of Aske
nawa (or the young man) - and belonging
to
the Mascoutah - tribe of
Indians and are therefore
of
opinion that said Indian woman now lying
dead was willfully murdered by said Indian
man.
Given under our hand at St LouisSt Louis
this 27th May 1811
Foreman
JosephJoseph his
X
mark BissonnetteNorman his X mark
henry hisX
mark DeshuquetPierre Didier
PaulPaul hisX
mark Chouteau Joseph hisX
mark MorinBaptiste hisX
mark Gerar hisX
markCharles Sanguinet
Alexander Grimo hisX
markPaulPaul his X mark Guitard
H
Adam Wolfort
Wm Fugate
James Baird
John WJohn W . Honey coroner of St LouisSt Louis district
Coroners Fees
| For viewing the body of Othipa ya (or the head) - | $ 3. 00 |
| Seventeen Jurors @ 50 cts - - - - - - - - - | 8 . 50 |
| Summoning & [ Qualifing ] three witnesses - - - - - | 60 |
| Constables fees | & 12.10 |
| Summoning 3 Witnesses - - - - - - - - - - - - | 50 |
| Summoning & 18 Jurors - - - - - | 1.80 |
| & 2 . 30 |
filed27 th May 1811
District of Saint LouisDistrict of Saint Louis Sct
JosephJoseph Wilkenson WilkensonJoseph Wilkenson being duly sworn on the holy Evangelists
of Almighty god deposeth and saith that he is a surgeon
and that he has emaxined the wound on the body of Othepa
Ya otherwise called the head an Indian woman now lying
dead in the street of SS Louis LouisS Louis opposite the house of mad
ame Roubidous, that that he is perfectly satisfyed that the
death of the said Othepa Ya was occasion by the said
wound that the said wound - was upon the
right side of the neck and appeared
to have been about the
in I further saith not
Sworn to and Subscribed
before me Coroner of the district of St.LouisSt Louis27th May 1811
John WJohn W Honey
Territory of Louisana
District of Louis
Sc The UnitedUnited States StatesUnited States of AmericaAmerica to
the constable of S LouisS Louis township
Greeting.
You are hereby commanded to summon
eighteen good and Lawful men, house holders of this
township, forthwith to appear before me a justice
of the peace a as coroner, to serve as a jury
of Inquest on a dead Body now lying in the streets
of S LouisS Louis apposite the House of Madame Roubideaux S LouisS Louis, The body supposed to be that of an Indian woman
Sworn under my hand
at St.LouisSt Louis this 27th May 1811
ThosJP acting as Coroner
Othipa Ya or the
Charles Sanguinett
Joseph Besonett
Norman McKinzie
HenryHenry Des huquet
Pierre Didier
Paul Chouteau
JosephJoseph Morine
Baptiste Gerar
Alex. Grimo Charpentier
Gigon
PaulPaul Guitarr
Adam Wolfort
Wm Fugate
PeterPeter Primm
Saml Soomon
James Baird
Wm Chrisly
above May 27 1811Alex his
X
Bill Constable S LouisS Louis District
Warrant
Be it rmembend that on this twenty ninth day of may in the year of our Lord one thousand Eight hundred and eleven
personally came and appeand before me John WJohn W Honey
Coroner for the DistrictDistrict of Saint Louis ofDistrict of Saint Louis SaintDistrict of Saint Louis LouisDistrict of Saint LouisThomas
Charles SanguinetteCharles Sanguinette and Joseph Wilkinson on who acknowledged
themselves to stand in indebted unto the United Sates of
AmericaAmerica in the sum of one hundred dollars each to be
levied of their respected goods and chattels hands
and tenements if Default be made
The condition of the above recognizance
is such that is the above named Thomas Winn Junior
CharlesCharles Sanguinette and Joseph WilkensonJoseph Wilkenson shall personally
be and appear at the next court of oyer and
to be holden at the town of S LouisS Louis in and for the distritc of Saint LouisSt Louis then and there to deliver and
set forth their knowledge touching the death of Othepa
Ya (or the head) and do not depart the said court
without leave thereof then this recog nizance to be
void else to he and full force and virtue
in law.
junior Chacles Sanguinette and JosephJoseph Wilkenson
WilkensonJoseph Wilkenson have hereunto set their hands
and sals at St LouisSt Louis the day and year
above Written
Thos Winn
Chas Sanguinet
Wilkenson, J
before me Coroner for the
district or St. LouisSt Louis day 2 year
aforesaid
John, W, Honey
Charles SanguinetteCharles Sanguinette
Joseph WilkensonJoseph Wilkenson
to
UnitedUnited States StatesUnited States
Recognisance
Filed29th May 1811
Excuted by making
proclamation a
copy of which is here
to attached
A McNairA McNair Shff
A sheriff of
of St LouisSt Louis
Proclamation
Where as the honourable JohnJohn B BJohn B C LucasLucas one
of the Judges of
the general court for the
territory of LouisianaLouisiana has by his order
directed to the sheriff of the destrict of
Saint LouisSt Louis bearing date the
fourth day of july instant ordered a
court of oyer
&
terminer & general jail delivery
to be
holden at the court house for the distict
of Saint LouisSt Louis on
Monday the twelfth day of August next ensuing, the attendant
where of he has assigned to
himself for the
trial of all offences punishable with death
by the
laws of this territoy and more
Especially for the trial of a certain
Indian
of the mascoutah tribe named
Askena
wa or the young man on a charge
made on oath of having committed
the crime of murder in the district
aforesaid
on an indian woman there fore in
[ obediance ] to the law of this
territory and
the requsition of the writ
Public notice is hereby given that
a court for the [ purposses ] aforesaid will
be held at the term and place aforesaid all
persons concerned are required to give there
attendance of the law directs at there [ paril ]
St louisSt Louisjuly 8th 1811 a copy
A McNairA McNair Shff
To the sheriff of the district of St LouisSt Louis
Whereas a notice under
the hand and seal of
A McNiar sheriff of the District of
St
LouisSt Louis, dated the
third of Junelast past,
hath been given to me one of
the judges in and
over the territory of LouisianaLouisiana, by
which
it appears that a certain Indian of the
Macoutan
named
Askena wa or the young man has been
committed in the goal of the District of
StSt Louis LouisSt Louis
and remains and remains under the
Custody of
said sheriff on a
charge made
upon oath of
having committed the crime of
murder in said district
on a
certain
Indian women and in as much as I
am
induced to belivethat the honorable John-
Coburnpresiding
judge of thegeneral court of this
Territory is absent from the same
therefore I have
assigned
to my self the attendance of a court of
oyer and
terminer and general jail delivery in
the
district of StSt Louis LouisSt Louis,, and I hereby command
the
the sheriff of said district to do and
perform all and
those things which the law in such case
prescribes for the holding of a court of
oyer and
terminer
and general jail delivery
in the afore-
said district, whose
sitting shall commence on
monday the twelfth of the month of August
next
ensuing
in Testimonywhereof
I have hereunto
set my hand and seal at my
Chamber in St LouisSt Louis
Territory of LouisianaLouisiana the fourth day of JulyA.D 1811 and of the independence of the United StatesUnited States
the the thirty sixth
JohnJohn B BJohn B .C. LucasLucas
To the Sheriff of the district of St Kiyus
in the Territory of LouisianaLouisiana
you are here by commanded to summon twenty four
good and lawfull men to serve as grand jurors at a court of oyer and terminer and general gaol deli-
very, ordered to be held in the afore said district
of StSt Louis LouisSt Louis on the twelfth day of this present month to inquire into all offences and crimes punishable-
with death that may have been committed
in the afore said district by a certain Indian of the Mucoutan tribe named AskenawaAskenawa or the young
man for which the said indian is committed
in the gaol of the said district of st Louis, and
make such presentations and do all those things
which ought to be done by a grand inquest here in fail not at your peril, and have you
then and thre this writ
general court general court of the Territory of LouisianaLouisiana have here
set my hand and seal at my in the you
of said, the first day of augustA.D.1811 and of the independance of the states of The thirty sixth
united
states of AmericaAmerica the thirty-sixth
in obediance to the within order I have summoned
twenty four men to
CharlesCharles Gratiott
B B Bortheul
ThomasThomas Bready>
CharlesCharles Busson
AndrewAndrew Sandrevill
DavidDavid Deloney
Gregoire SarpyGregoire Sarpy
August R Chouteau
CharlesCharles Sangunett
PatrickPatrick Lee
PeterPeter Didier
James
Abraham Galletin
William ChristyWilliam Christy
JeremiahJeremiah Conner
PeterPeter Primm
RufusRufus Smitt
E Toron
Stepheno HempsteadHempstead
Horis Austin
John A Bright
John Skeggs
Adam Woolford
John C
A Mcman Shff
Alexander McNair Esq
Sheriff
of the District of StSt Louis LouisSt Louis
Territory Of LouisianaLouisiana, District Of St. LouisSt Louissct.
The United StatesUnited States of AmericaAmerica, to the Sheriff of StSt Louis. LouisSt Louis
Distict-Greeting.
You are hereby commanded to summons James Baird & Antoine Robidoux that setting aside all manner of excuse and delay they be and appear in proper
person before the judges of our Court of Oyer & Terminer on the twelvth day of August instant next, at the town of St. LouisSt Louis, then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein the United StatesUnited States is plaintiff and AskenawaAskenawa defendant, on the part of the United StatesUnited States and have you then there this writ.
sinding judge of our said court, at the town of St. LouisSt Louis, the ninth day of August in the year of our Lord, one thousand eight hundred and eleven and of
the Independence of the United StatesUnited States, the thirty sixth
ThosThomas F Riddick FThomas F Riddick .RiddickThomas F Riddick
Clerk of St. L. D. District of Saint LouisDistrict of Saint Louis
Court of Oyer & Terminer
12th august 1811
vs
AskenawaAskenawa
Subponea
Executed
Territory Of LouisianaLouisiana, District Of St. LouisSt Louissct.
The United StatesUnited States of AmericaAmerica, to the Sheriff of StSt Louis. LouisSt Louis
District - Greeting.
You are hereby commanded to summons Thomas Winn Junior & Hypolite
Bolon
that setting aside all
manner of excuse and delay they be and appear
in proper
person before the judges of our Court of Oyer & Terminer on the twelvth day of
Augustinstantnextat the town of St. LouisSt Louis, then there
to testify and
the truth to say in a certain matter of controversy now
pending in our said court,
wherein The United
StatesUnited States is plaintiff and AskenawaAskenawa
defendant, on the
part of the United StatesUnited States and have you
then
there this writ.
siding judge of our said court, at the town of St. LouisSt Louis, the
ninth day of August in the year of our Lord, one thousand eight hundred and eleven and of
the Independence of the United StatesUnited States, the thirty sixth
Thos F. RiddickThomas F Riddick
Clerk of St. L. D.District of StSt Louis LouisSt Louis
Court of Oyer & Terminer
12th august 1811
vs
Askinawa
Subponea
A McNairA McNair Shff
Fee 66 cents
Teritory Of LouisianaLouisiana, District Of St. LouisSt Louissct.
The United StatesUnited States of AmericaAmerica, to the Sherrif of StSt Louis. LouisSt Louis
District-Greeting.
You are hereby commanded to summons Charles SanguinetteCharles Sanguinette & JosephJoseph Wilkenson WilkensonJoseph Wilkenson
that setting aside all manner of excuse and delay they be and appear in proper person before the judges of our Court of oyer & Terminer- on the twelvth - day of Augustinstantnextat the town of St. LouisSt Louis, then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein the United StatesUnited States- is plaintiff and AskenawaAskenawa -
defendant, on the part of the United StatesUnited States- and have you then there this writ.
siding judge of our said court, at the town of St. LouisSt Louis, the ninth- day of August- in the year of our one thousand eight hundred and eleven and of the Independence of the United StatesUnited States, the thirty sixth
ThosThomas F Riddick FThomas F Riddick .RiddickThomas F Riddick
Clerk of St. L. D. District of Saint LouisDistrict of Saint Louis
Court of Oyer & Terminer 12th august 1811
vs
AskenawaAskenawa
Subponea
Excuted
A McNairA McNair Shff
Fee 66 cents
vs
AskenawaAskenawa
Indictment
for
murder
A True Bill
[ Forman ]
Court of Oyer and Terminer and General Jail delivery held on
the 12th of August 1811 in the Town of St LouisSt Louis territory of LouisianaLouisiana
The grand Jurors of the UnitedUnited States StatesUnited States of AmericaAmerica[ impanneled ] and
sworn to inquire for the body of the district of StSt Louis LouisSt Louis in the terrtory
of LouisianaLouisiana and upon their oaths represent that AskenawaAskenawa an indian
man belonging to the Mascoutan tribe, late of the distract and ter-;
ritory aforsaid, not having the fear of God before his eyes, but
being moved and reduced by the instigation of the devil on the
the twenty seventh day of May in the year of our our lord one thousand eight hundred and eleven with force and arms in
the district and territory aforsaid in and upon one Othepaya
an Indian woman, in the peace of God and of the United StatesUnited States
then and there being, [ feloneously ], wilfully and of his malice aforthought did make an assault; and that he the said Aske
nawa with a certain arrow of the value of ten cents which
he the said AskenawaAskenawa in his right hand then and there
had and held, the same OthepayaOthepaya in and upon the left side
of the neck in or near the Jugular vein of her the said
OthepayaOthepaya , then and there [ feloneously, wilfully ] and of his malice
afor thought did strike and thrust giving to the said OthepayaOthepaya
then and there with the arrow aforsaid in and upon the left
side of the neck in or near the Jugular vein of her the
said OthepayaOthepaya one mortal wound of the breath of one
inch and of the depth of six inches of which said mortal
wound in the year aforsaid, in the district and territory
aforsaid, the said OthepayaOthepaya did instantly die and so
the said AskenawaAskenawa ,the said OthepayaOthepaya , in manner and
form aforsaid,[ feloneously ]wilfully and of his malice [ aforthoght ]
did kill and murder; Contrary to the form of the
statute in such cases made and provided and against the
peace and dignity of the UnitedUnited States StatesUnited States
Tho T Crittenden atto Genl.
Territory Of LouisianaLouisiana District Of St. LouisSt Louissct.
The United StatesUnited States of AmericaAmerica, to the Sheriff of StSt Louis. LouisSt Louis
District - Greeting.
You are hereby commanded to summonsVincent Guion and Christohper
Sanguinett
that setting aside
all manner of excuse and delay they be and
appear in proper
person before the judges of our Court of Oyer
& Terminer on the twenty sixth day
of Augustinstantnext at the town of St. LouisSt Louis, then
there to testify and
the truth to say in a certain matter of
controversy now pending in our said court,
wherein The United StatesUnited States is plaintiff and AskenawaAskenawa
defendant,
on the part of the United StatesUnited States and have you
then
there this writ.
siding
judge of our said court, at the town of St. LouisSt Louis, the
twenty second day of august in the year of our Lord, one thousand eight hundred and eleven and of
the Independence of the United StatesUnited States, the thirty sixth
Thos F RiddickThomas F Riddick
Clerk of StSt Louis. L. D.St LouisSt Louis Court of
Oyer & Terminer
August 1811
vs
AskenawaAskenawa
Subpeona
Vinvent Guion
&
Christophe
Sanguinett
Executed
A. McNairA McNair
Sheriff
Service 66 cents
Territory Of LouisianaLouisiana, District Of St. LouisSt Louissct.
The United StatesUnited States of AmericaAmerica, to the Sheriff of StSt Louis. LouisSt Louis
District- Greeting.
You are hereby commanded to summons Horrace Austin
that setting aside all manner of excuse and delay he be and appear in proper
person before the judges of our Court of Oyer & Terminer on the twenty sixth day of Augustinstantnext at the town of St. LouisSt Louis, then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein The United StatesUnited States is plaintiff and AskenawaAskenawa
defendant, on the part of the United StatesUnited States and have you then
there this writ.
siding judge of our said court, at the town of St. LouisSt Louis, the
twenty second day of August in the year of our Lord, one thousand eight hundred and eleven and of
the Independence of the United StatesUnited States, the thirty sixth
Thos S. Riddick
Clerk of St. L. D.St Louis County
Court of Oyer & Terminer
August 1811
vs
AskenawaAskenawa
Subpoena
Horace AustinHorace Austin
Executed
A. McNairA McNair Shff
service 33Territory of LouisianaLouisiana
District of St louis
The United StatesUnited States of AmericaAmerica to the sheriff of St LouisSt Louis District
We command you to summons Twenty four-
good and lawful men of your Bailiwick that they be and appear before the court of Oyer and Terminer now sitting in order that
they then servejurors for the body of the district
of St LouisSt Louis at a court now holding and that they
be and appear forforthwithyou
shall execute this writ and have you then there this writ.
presiding judge of our said court at St LouisSt Louis this twenty sixth of August one
thousand eight hundred and eleven
and of our Independence the thirty sixth
Thos F RiddickThomas F Riddick Clk
of the above order I do return the
following Jurors as summoned to writ
1 CharlesCharles
2 DavidDavid Delanney
3 August P. Chouteau
4 Thomas BradyThomas Brady
5 CharlesCharles
6 PeterPeter DidierDidier
7 James Baird
8 PeterPeter Primm
9 EphraimEphraim Tamm
10 Stephen Hempstead
11 John A Bright
12
13 John C Lutty
14 CharlesCharles
15 FrederickFrederick Weber
16 RobertRobert Armstrong
17
18 William Nelson
19 PeterPeter
20 Fair
21 ThomasThomas
22 CorneliusCornelius
23 John Rowser
24 Ezekiel Solomon
A McNair Shff SLD
St.LouisSt Louis District
court of Oyer & Terminer
vs
AskenawaAskenawa
Territory of LouisianaLouisiana
DistrictDistrict of Saint Louis of Saint LouisDistrict of Saint Louis
The United StatesUnited States of AmericaAmerica to the
Sheriff of SaintSt Louis LouisSt LouisDistrict
Greeting
We command you to Summons
forty Eight
good and lawful men of your district that
they be and
appear in their proper persons before the judges of our
Court
of Oyer and Terminer on Monday the
second day of September next at
Oclock
in the forenoon of that
day then and there to
serve as jurors on the trial of a
certain
Bill of Indictment of the UnitedUnited States StatesUnited States against
AskenawaAskenawa
an Indian man of the Mascoutan tribe for
the murder of OthepayaOthepaya an Indian woman
and
make you due return how you execute this writ and
have you then there this writ
Witness the Honbl JOhn B C LucasLucas Esquire presi-
ding Judge of our said Court at the town
of SaintSt Louis LouisSt Louis aforesaid this twenty-seventh day of August-in the year of our Lord one Thousand Eight hundred and eleven and of
the Independence of the UnitedUnited States
StatesUnited States the thirty sixth
Thos S. Riddick Clk
In obediance to the within order I have summoned
forty Eight men as follows ()
1 Risdon HRisdon H . Price
2 WilliamWilliam
3 John MJohn M , Knight.
4 John GJohn G
5 JoshuaJoshua Falkner
6 WilliamWilliam Bridger
7 Peter ChouteauPierre Chouteau Jr
8 Manuel Tison
9 Pascal Cere
10 John JOhn Sappington
11 JosephJoseph Conaway
12 RichardRichard Caulk
13 Joseph Wells
14 SamuelSamuel Means
15 Richard Chitwood
16 Seth Chitwood
17 JamesJames Dowlin
18 Juthan Rindle
19 Jabes WarnerWarner
20 Thomas Mason
21 John Ward
22 AndrewAndrew Kinkaid
23 Sherad G Swain
24 Mark Wideman
25 James MJames M . Collock
26 JosephJoseph Carlisle
27 John Chandler
28 DavidDavid Birk
29 John Lewis
30 JamesJames Birnsides
31 John Longser
32 James MJames M , DanielDaniel
33 WilliamWilliam Watton
34 SamuelSamuel Borrows
35 John Skeggs
36 Joseph Joseph Henderson
37 John John A
38 JamesJames Rankin
39 Hyacinth Dehetre
40 ThomasThomas Cartmell
41 RobertRobert A, Smith
42 BenjaminBenjamin Butterfield
43 IsaacIsaac
44 Normond M, Kinsey
45 ChristianChristian Witt
46 Alexander Lucas
47 Baptist Lebeau
48 HenryHenry
A McNairA McNair Shff
Saint LouisSt Louis District
Court of Oyer & Terminer
vs
AskenawaAskenawa
On Saturday about ten O clock in the
forenoon the 31st of August, 1811.
I left a copy of the within Pannel of Jurors with WilliamWilliam SullivanSullivan the jailer to deliver to the
Askenawa.
J.W. Thompson
D.Shff
Territory of LouisianaLouisiana
DistrictDistrict of Saint Louis of Saint LouisDistrict of Saint Louis
The UnitedUnited States StatesUnited States of AmericaAmerica
to the Sheriff of Saint LouisSt Louis
District greeting
We command you that you take and
attach
the body of Antoine
Roubidoux and have him
forthwith before
the court of Oyer and Terminer
now sitting at the
court house in the town
of St LouisSt Louis within and for the district of
Saint LouisSt Louis
then and there to answer unto the said court of
and
a concerning a
contempt by him shown said court
in
disobeying a summons duly served on him
for
his appearance before the said as a witness on behalf
of
the UnitedUnited States StatesUnited States in a certain prosecution against
AskenawaAskenawa
an Indian man and have
you then there
this writ
Witness the Honol. JohnJohn B BJohn B L Lucas
Esquire presiding judge of our said
court at the town of St LouisSt Louis
said this third september one thousand eight hundred and eleven
and of our Independence the
thirty sixth
Thos S Riddick Clk
Excuted
A McNairA McNair Shff
Fee $ 1 00
12
44
12
4854
D J Walker
15
33
45
45
495
4884
$4,000
Jury
Jury for
the Body of the
District of St. LouisSt Louis
District of St. LouisSt Louis
Wm. O. Allen and HenryHenry M Brakenridge
Counsel
forAskenawaAskenawa the prisoner
moved. the
Court to be permitted to be permitted now
to answer to
the Indictment of which he stands
changed. Objected to by Thomas T Crittenden the
attorney
general
& after argument the court delivered
their opinion as follows
the
motion before the court is that the prisoner may be permitted to answer the
indictment
He will appear from the
minutes of Monday Last that the prisoner has been already ar
raiged,
that he did stand mute that the plea
of not
guilty has been entered; has this plea been
entered at a proper time and under all the circumstances that the Land
constables
Is the point now to be ? He has been
by the counsel for the prisoner that
the
law provides that the person accused and in
dicted of any
capital offence shall have a
copy
of the indictment and a list of the jury
two entire days at least before the trial, that
this has not been the
case in the present instance
towit
the prisoner had not a copy of the
indictment and a list of the jury
delivered
to him two entire days before he was required
to answer
to the indictment that in conse
quence
of this he had a right not to answer and that no plea could legally be
entered be
entered
for him - the courts of Oyer and
Terminer
in this district and the courts that have been called in this territory by
Commissioner
of the governor in
of a certain Act
of
congress for the trial of Capital offences com


