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 & OGDEN,

IN THE PRECEDING APRIL TERM.

BY

THOMAS LLOYD, STENOGRAPHER.

NEW-YORK:

PRINTED BY AND FOR I. RILEY AND CO.

1807.

District of New York, S dence of the United States of America, ISAAC RILEY, of the said district, hath deposited in this office, the Title of a Book, 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 Misde"meanours, 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 san:e 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 Propriet rs 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.

PRELIMINARY MATTER.

At a stated circuit court of the United States, hold 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.

The United States of America.

versus

Samuel G. Ogin, defendant,

Samuel Murgatroyd and Samuel Gouverneur, the sureties for 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 tne 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 allowance 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."