
    Case Bo. 6,386.
    HENRY v. RICKETTS et al.
    [1 Cranch, C. C. 580.] 
    
    Circuit Court, District of Columbia.
    Nov. Term, 1809.
    Witness — Attendance — Subpoena — More than One Hundred Miles.*
    The court will not, in a civil suit, attach a witness who resides more than one hundred miles from the place of trial, nor issue a subpoena commanding him to go and testify before a magistrate.
    [Action at law .by Henry’s executors against Ricketts, Newton & Co.]
    R. J. Taylor, for defendants,
    moved for a rule on James Taylor to show cause why an attachment should not issue against him for a contempt in not obeying a summons! to appear and testify as a witness, and to bring with him certain papers. The witness resided in Norfolk, Virginia, more than one hundred miles from the place of trial.
    
      
       [Reported by Hon. 'William Cranch, Chief Judge.]
    
   THE COURT told Mr. Taylor they would hear him further in support of the motion. THE COURT, on hearing, refused to lay.a rule, being of opinion that a witness, residing more than one hundred miles from the place of trial, could not be compelled to attend; and refused to issue a subpoena commanding the witness to appear before the mayor of Norfolk to testify. See Acts Cong. Sept. 24, 1789, § 30 (1 Stat. 88), and March 2, 1793, § 6 (1 Stat. 333).  