
    Case No. 7,464.
    JOKES v. GREENOLDS.
    [1 Cranch, C. C. 339.] 
    
    Circuit Court, District of Columbia.
    July Term, 1806.
    Mr. ■ Youngs, for plaintiff,
    
      
       [Reported by Hon. William Cranch, Chief Judge.]
    
   But THE COURT

said, that under the act of assembly (Pari. Papers, 279, § 12), the party who would use such a deposition, must show that the witness is unable to attend, and that the return of the subpoena is not satisfactory evidence to the court of that fact. The fact was then proved by affidavit, and the deposition was read.  