Majority
p. 203The People against Croswell.
Headnote
If an indictment be removed from the sessions into this court, any exceptions may be taken to the charge of the judge by making a case, and bringing it before the court, in the same manner as in civil proceedings.The defendant had been convicted at the last circuit, for the county of Columbia, before Lewis, Ch. J. on an indictment for a libel on the President of the United States. The proceedings were originally commenced before the justices in the general sessions, from whence they were removed into this court, and went down to the circuit in the usual manner. On conviction of the defendant, recognizances were taken for his appearance the first day of term to receive judgment, but his counsel, considering the chief justice to have totally misdirected the jury, were rather at a loss how to bring the matter before this court.
said, that on the cause being brought up and sent down to the circuit, the suit, though in its nature a criminal prosecution, took the course of a civil action; that within the first four days of the term ensuing the conviction, a motion in arrest of judgment might be made, or the parties may make a case, and bring every thing fully be
p. 204
fore the court. This measuré they advised, as being in the present instance more explicit, and it being adopted, they gave day till the fourth day of next term, taking recogni • zances from the defendant and two others for his due appearance, himself in 500 dollars, his sureties in 250 dollars each.