charged, but merely go to strengthen the evidence or suspicion of some of those overt acts by a collateral circumstance, such evidence cannot be admitted, notwithstanding the opinion of Lord Hale to the contrary. As in the case of captain Vaughan, who was indicted for adhering to the king's enemies on the high seas; the overt act laid was, his cruising upon the king's subjects in a vessel called the Loyal Clencarty, and the counsel for the crown offered to give in evidence, that he had some time before cut away the customhouse barge and had gone cruising in that vessel, but as that was no proof of his cruising in the Loyal Clencarty, the court rejected the evidence, 1 East, P. C. 123. If but one of several overt acts be well laid and proved that is sufficient. And if it be laid with circumstances not necessary to constitute the act high treason, they need not be proved, but may be rejected as surplusage. As in the case of treason in levying war, if the overt act be an arraying in hostile manner and thereby killing divers of the king's subjects, if the arraying in a hostile manner be proved that is sufficient, without proof of the rest. Or if it be as in Lowick's case that A. and B. met and purposed the king's death, and the particular measure by which they purposed to effect it be not well laid, the latter will not vitiate the rest, 1 East, P. C. 125. Neither is the time or place laid in an overt act charged in an indictment, more necessary to be strictly proved in this than in any other case, provided a time be laid before the finding of the bill, and a place be laid within the county. 1 East, P. C. 125. and though it is usual, to charge the overt acts at divers days and times, yet under an indictment laying them all on one day, evidence may be given of any overt acts before the finding of the bill. Fost. 8 and 9.(1) An indictment against a receiver of a traitor after the fact, must charge him specially with the receipt, and not generally that he did the thing, which is otherwise in case of one who is a procurer, counsellor, or assenter. 1 East, P. C. 127.-Fost. 345. III. AS TO THE DEFENCE. The defendant is by 7 W. 3. c. 3. and 7 Ann. c. 21. to have a copy of the indictment, including the (1) [United States. If the overt act of treason is proved and laid be. fore the charge was presented, it is sufficient; and whether committed by the number of insurgents specified in the indictment, is immaterial. 2 Dal. Rep. 347.] caption, Fost. 229.(1) 1 East, P. C. 113. ten days before the trial, with a list of the witnesses on the part of the prosecution and of the jury; he is also to have two counsel assigned him by whom he may make full defence, 1 East, P. C. 111. to 115. 4 Bla. Com. * 351. 356. As to the mode of appointing counsel and the right to [*67] reply, 1 Burr. 643. to 646. In case of high treason and misprision of treason, where the overt act alleged in the indictment is the assassination or killing of the king, or any direct attempt against his life or to do him bodily harm, the defendant is to be indicted, arraigned, tried, and attainted in the same manner, and upon the like evidence as in case of murder, but the judgment and execu tion is to be the same as in other cases of high treason, 39 and 40 Geo. 3. c. 93. The defendant at and during trial is not to be in irons, Kel. 10. IV. As TO THE EVIDENCE. In high treason against the king or government, there must generally be two witnesses as well to find the bill as on the trial, unless the defendant confess.(2) 1 Ed. 6. c. 12. c. 22. 1 East, P. C. 128, and 61. But one will suffice on indictment for direct attempt at the life of the king. 1 East, P. C. 129, and in other cases it is sufficient to have one witness to prove one overt act, and another witness to prove another overt act of the same kind of treason,(3) Kel. 8, 9. and as to collateral facts one witness suffices.(4) 1 East, P. C. 130. and on an indictment for compassing the death of the king, and that defendant in pursuance thereof wrote divers letters to enemies, or held divers consults upon that subject; evidence may be given of the prisoner's hav (1) [United States. One hundred .and eight jurors is not an excessive number in case of high treason against the U. States. 2 Dall. Rep.342. The caption and the indictment form but one instrument, and copies of both should be delivered to any one, charged with treason according to the provisions of the act of Congress.-Same. The townships in which the jurors and witnesses re. spectively reside should be specified, but the act of Congress does not require a specification of their occupations.-Same. A reasonable time shall be allowed, after the list of the names of witnesses is furnished to the prisoner, for the purpose of bringing testimony from the coun ties in which these witnesses reside. (2) [Pennsylvania. How far the (3) [Pennsylvania. If an overt act has been proved where the indictment is laid, the defendant's confession may be seen in evidence to corroborate that proof. 1 Dall. Rep. 35.] (4) [United States. If the overt act of treason be not proved by two witnesses, so as to be submitted to the jury, all other testimony is irrele vant. U. S. v. Burr, Appendix, 4 Cranch, 490.] ing written any treasonable letter, or attended any meeting held for treasonable purposes. 1 Campb. 400. and intercepted letters are received in evidence as overt acts of treason in the county where they were written. 2 Campb. 507. In an indictment against one conspirator in treason after proof of the conspiracy, evidence of an overt act by one of the conspirators will affect the defendant. 6 T. R. 527. V. AS TO THE JUDGMENT AND PUNISHMENT. When women are convicted of treason, the judgment is that they be hanged by the neck until they be dead. 30 Geo. 3. c. 48. The judgment against a man is by 54 Geo. 3. c. 146. to be that defendant should be drawn on a hurdle to the place of execution, and be there hanged by the neck until he be dead; and that afterwards his head shall be severed from his body, and his body divided into four quarters shall be disposed of as the king shall think fit; with power to the king by special warrant in part to alter the punishment.(1) A month's time has been allowed between sentence and execution. 1 Burr. 650, 651. For trea son, First count, compassing the death of the king and to de pose him, on 25 Ed. PRECEDENT OF AN INDICTMENT FOR TREASON. [Commencement of indictment as ante 2.] That on, &c. and long before and continually from thence hitherto, an open and public *war was and yet is prosecuted and carried on between our said lord the king and the persons exercising the powers of government in France, that is to say, at Old Ford, in the county of Middlesex, and that William Stone, late of, &c. a subject of our said lord the king of his kingdom of Great Britain, well knowing III. st. 5. c. 2. (b) the premises but not regarding the duty of his allegiance, nor [*68] having the fear of God in his heart, and being moved and seduced by the instigation of the devil (c) as a false traitor against our said lord the king, and wholly withdrawing the allegiance, fidelity, and obedience which every true and faithful subject of our said lord the king of right ought to bear towards our said lord the king, (1) [United States. The manner of inflicting the punishment of death, shall be by hanging the person convicted, by the neck until dead. Laws U. States, vol. 2, p. 99.] (b) See precedent and law 6 Wentw. 357. 6 T. R. 527. 4 State Trials, 207. Foster, C. L. 5. Trem. P.C.2, 3, 5, 158. and Co. Ent. 482. (c) This is not necessary, see 1 vol. dant a mies in and contriving and with all his strength intending the peace and common tranquility of this kingdom to disquiet, molest, disturb, and to depose our said lord the king from the royal state, title, power, and government of this kingdom, and to bring and put our said lord the king to death, heretofore, to wit, on, &c. and on divers other days as well before as after that day, at, &c. aforesaid, maliciously and traitorously with force and arms did compass, imagine, and intend to depose our said the lord king from the royal state, title, power, and government (d) of this kingdom, and to bring and put our said lord the king to death. And to fulfil, First overt perfect, and bring to effect his most evil and wicked treason and act defentreasonable compassing and imaginations aforesaid, he the said greeing with W. J. William Stone as such false traitor as aforesaid, during the said to aid and war, to wit, on, &c. aforesaid, and on divers other days and times assist eneas well before as after that day, at, &c. aforesaid, with force and hostile inarms maliciously and traitorously did conspire, consult, consent, vasion. and agree with one John Hurford Stone, one William Jackson, and divers other false traitors whose names are to the said jurors unknown, to aid and assist and to seduce, persuade, and procure divers subjects of our said lord the king to aid and assist the said persons exercising the powers of government in France, and being enemies of our said lord the king as aforesaid, in a hostile invasion of the dominions of our said lord the king, and in the prosecution of the said war against our said lord the king. And fur- Second ther to fulfil, perfect, and bring to effect his most evil and wicked overt act conspiracy treason and treasonable compassing and imaginations aforesaid, with he the said William Stone as such false traitor as aforesaid dur- others to levy and ing the said war, to wit, on, &c. aforesaid, * and on divers other make insurrection days as well before as after that day, at, &c. aforesaid, with force and rebeland arms maliciously and traitorously did conspire, consult, con- lion and insent, and agree with the said John Hurford Stone, William Jackson, and divers other false traitors whose names are to the said vade this kingdom jurors unknown, to raise, levy, and make insurrection, rebellion, with ships and war within this kingdom against our said lord the king, and to and armed invite, persuade, and procure the said persons exercising the [*69] powers of government in France, and being enemies of our said lord the king as aforesaid, to invade this kingdom with ships cite enemies to in men. (d) See words of the statute, 25 Ed. III. st. 5. s. 2. Third son who had come ous pur poses. and armed men, and to prosecute and carry on the said war against our said lord the king within this kingdom. And further, &c. [same introduction as ante, 68, and then proovert act ceed as follows,] he the said William Stone as such false traitor as assisting a third per- aforesaid during the said war, to wit, on, &c. and on divers other days as well before as after that day, at, &c. aforesaid, well knowto England ing the said William Jackson traitorously to have come to and for traitor landed in this kingdom, for the traitorous purpose of procuring and obtaining intelligence and information whether the subjects of our said lord the king were or were not well affected to our said lord the king and his government, and were or were not likely to join with and assist the forces of the said persons exercising the powers of government in France, and being enemies of our said lord the king as aforesaid, in case a hostile invasion of this kingdom should be made by them for the prosecution of the said war against our said lord the king, and of sending and causing to be sent such intelligence and information to the said persons exercising the powers of government in France, and being enemies of our said lord the king as aforesaid, for the aid, assistance, direction, and instruction of the said enemies of our said lord the king, in their conduct and prosecution of the said war against our said lord the king, did with force and arms maliciously and traitorously receive and treat with the said William Jackson, at, &c. aforesaid, for the aid, assistance, and direction of the said William Jackson in the prosecution, performance, and execution of his traitorous purpose aforesaid, and did then and there maliciously and traitorously treat, consult, and converse with, and did then and there maliciously and traitorously aid, comfort, abet, and assist the said William Jackson in, about, and concerning the prosecution, performance, and execution of his the said William Jackson's traitorous purpose aforesaid. Fourth overt act [Commencement of statement of overt act as ante 2.] Did conconspiring spire, consult, consent, and agree with the said John Hurford to collect Stone, William Jackson, and divers other false traitors whose names informa land as to tion here are to the said jurors unknown, to collect and obtain and cause to and in Ire- * be collected and obtained information and intelligence within this the dispo- kingdom and the kingdom of Ireland, whether any and what part of the subjects of our said lord the king were disposed to aid and subjects to assist assist the said persons exercising the powers of government in invading France, and being enemies of our said lord the king as aforesaid, [*70] sitions of |