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Letter from Justin Butterfield, 27 March 1843

  • Source Note
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not be difficult for his counsel to ascertain what the evidence was before the grand jury, and then prepare the case for defence accordingly— if he is indicted he will have to stand his trial, and it will do no good to have him brought up on : in this case the Federal court can have no jurisdiction and he will have to submit to a trial in the State court:— You must in the first place ascertain from whether the depositions of Witnesses can be taken out of in a criminal case to be read in the trial there, and if so have him prepare the necessary papers and instructions for taking them:— have Request also to inform you what facts the Prosecution rely upon to prove the guilt of , and then you will know precisely what you will have to meet, and to prepare the Defence accordingly:—
You ask me whether it will be consistent for me to call at and direct in the taking of affidavits— that will depend much upon the time when the affts are to be taken— and also upon the question whether [p. 4]
not be difficult for his counsel to ascertain what the evidence was before the grand jury, and then prepare the case for defence accordingly— if he is indicted he will have to stand his trial, and it will do no good to have him brought up on : in this case the Federal court can have no jurisdiction and he will have to submit to a trial in the State court:— You must in the first place ascertain from whether the depositions of Witnesses can be taken out of in a criminal case to be read in the trial there, and if so have him prepare the necessary papers and instructions for taking them:— Request also to inform you what facts the Prosecution rely upon to prove the guilt of , and then you will know precisely what you will have to meet, and to prepare the Defence accordingly:—
You ask me whether it will be consistent for me to call at and direct in the taking of affidavits— that will depend much upon the time when the affts are to be taken— and also upon the question whether [p. 4]
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