THIS was an indictment for a misdemeanor committed in Northumberland County, in which a subpœna had issued, on the part of the defendant, to summon Samuel M`Clay, Esq. and John M`Pherson, Esq. Associate Judges of the County Courts of Northumberland, to appear in the Circuit Court as witnesses on the 4th of May. The subpœna was served on Mr. M`Clay on the 28th of April, and on Mr. M`Pherson the next day. E. Tilghman now produced an affidavit, "that they were material witnesses, without the benefit of whose testimony, the defendant apprehended and believed he could not safely proceed to trial;" and moved for a postponement, not only in this case, but, also, in cases of Montgomery, Lang and Stockman; in which, to save expence, no subpœna had issued, though the same persons were material witnesses for the respective defendants.
BY THE COURT: — We have no hesitation in granting the indulgence of a delay for a few days. The cause may, therefore, be continued 'till this day week; and, in the meantime, let the attachment issue; but it can only be in the case, in which the subpœna has been actually served. The practice must always be strict in the previous stages of the business, before an attachment can be awarded; and all the documents, upon which it is awarded, must be filed with the Court.