i THE TRIALS OF WILLIAMS. SMITH, AND SAMUEL G. OGDEN, FOR MISDEMEANOURS, HAD IN THE CIRCUIT COURT OF THE UNITED STATES FOR THE NEW-YORK DISTRICT, IN JULY, 1806. WITH A PRELIMINARY ACCOUNT OF THE PROCEEDINGS OF THE SAME COURT AGAINST MESSRS. SMITH & OGDEN, IN THE PRECEDING APRIL TERM BY THOMAS LLOYD, STENOGRAPHER. 0 NEW-YORK: PRINTED BY AND FOR I. RILEY AND CO. 1807 set. CHR SS. District of 2 New York, dence of the United States of America, ISAAC RILEY, of the said district, hath deposited in this office, the Title of a Bock, the right whereof he claims as proprietor, in the words and figures following, to wit: E IT REMEMBERED, That on the fifth day of B January, in the thirty-first year of the Indepen "The Trials of William S. Smith and Samuel G. Ogden, for Misdemeanours, had in the Circuit Court of the United States, for the "New York district, in July, 1806. With a Preliminary Account "of the proceedings of the same court against Messrs. Smith "and Ogden in the preceding April term. By Thomas Lloyd, Steno"grapher." In CONFORMITY to the Act of the Congress of the United States, entitled, "An Act for the encouragement of Learning, by securing the "Copies of Maps, Charts, and Books, to the Authors and Proprietors " of such Copies, during the times therein mentioned;" and also to an Act, entitled, "An Act supplementary to an Act, entitled, An Act for "the encouragement of Learning, by securing the copies of Maps, "Charts, and Books, to the Authors and Proprietors of such Copies, "during the times therein mentioned, and extending the benefits there"of, to the Arts of Designing, Engraving, and etching historical and " other prints." EDWARD DUNSCOMB, Clerk of the District of New York. PUP Astor, Ends and Silden Foundauuns. 16305 PRELIMINARY MATTER. At a stated circuit court of the United States, held for the district of New-York, at the city of New-York, in, the second circuit, on Tuesday, the 1st day of April, 1806, at 11 o'clock, A. M. Present, The Hon. MATTHIAS B. TALMADGE, Esq. Judge of the district of New-York. versus The United States of America, Samuel Murgatroyd and Samuel Gouverneur, the sureties for the Samuel G. Ogden, defendant. defendant to appear and answer, having come into court, and by their counsel prayed leave to surrender the defendant, in discharge of their recognizance, and that they be discharged from their recognizance, which being ordered by the court-thereupon, on motion of the attorney of the district, on behalf of the United States, that the said defendant stand committed to the custody of the marshal of this district, which being opposed by Mr. Colden, Mr. Hoffman, and Mr. Emmet, of counsel for the defendant, It is thereupon ordered by the court, that the said defendant find sureties to abide the further order of this court, or that he stand committed to the custody of the marshal of the district. And thereupon Mr. Colden, one of the counsel for the defendant, presented, and prayed the alowance of a habeas corpus ad sub. which being allowed by his honour the judge instanter, was returned by the marshal of the district with the indorsement, following, to wit: " I do hereby certify, that Samuel G. Ogden was committed to my custody the first day of April, 1806, by virtue of the annexed committitur, which is the only cause of his capture or detention." (Committitur annexed is as follows.) At a stated circuit court of the United States, held for the district of New-York, at the city of New-York, in the second circuit, on Tuesday the 1st day of April, 1806, at 11 o'clock, A. M. Present, The Hon. MATTHIAS B. TALMADGE, Esq. Judge of the district of New York. versus The United States of America Samuel Murgatroyd and Samuel Gouverneur, the sureties for Samuel G. Ogden, defendant. (the defendant to appear and answer, having come into court, and by their counsel prayed leave to surrender the defendant in discharge of their recognizance, and that they be discharged from their recognizance, which being ordered by the court; thereupon, on motion of the attorney of the district, on behalf of the United States, that the said defendant stand committed to the custody of the marshal of this district, which being opposed by Mr. Colden, Mr. Hoffman, and Mr. Emmet, of counsel for the defendant, It is thereupon ordered by the court, that the said defendant find sureties to abide the further order of this court, or that he stand committed to the custody of the marshal of the district. (Copy.) EDWARD DUNSCOMB, Clerk. Mr. Hoffman, of counsel for the defendant, then moved the court, that the defendant be discharged from the custody of the marshal, which being opposed, by the attorney of the district, and the same having been argued by: Mr. Hoffman, Mr. Colden, and Mr. Emmet, of counsel for the defendant, and by the attorney of the district on behalf of the United States; thereupon It is ordered by the court, that the defendant stand committed. Whereupon the counsel for the defendant offered surety for the defendant to appear and answer; and thereupon the said Samuel G. Ogden, and Samuel Gouverneur, of the city of New York, merchant, severally entered into a recognizance; the said Samuel G. Ogden, in the sum of ten thousand dollars, and the said Samuel Gouverneur in the sum of twenty thousand dollars, for the appearance of the said Samuel G. Ogden. Whereupon, on reading and filing the several depositions of the said Samuel G. Ogden, the defendant, and William S. Smith, it was moved by Mr. Colden, of counsel for the defendant, that certain examinations and depositions of the said Samuel G. Ogden and William S. Smith, taken before his honour the judge |