District of

SS.

BE

E IT REMEMBERED, That on the fifth day of January, in the thirty-first year of the Independence of the United States of America, ISAAC RILEY, of the said district, hath deposited in this office, the Title of a Bock, the right whereof he claims as proprietor, in the words and figures following, to wit:

"The 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 "and Ogden in the preceding April term. By Thomas Lloyd, Stenographer."

66

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, held 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. Ogden, 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 the 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."

(Committitur annexed is as follows.)

At a stated circuit court of the United States, held for the district of New-York, at the city of New-York, in the second circuit, or 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.

versus

The United States of America Samuel Murgatroyd and Samuel Gouverneur, the sureties for Samuel G. Ogden, defendant. (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 the further order of this court, or that he stand committed to the custody of the marshal of the district.

(Copy.)

EDWARD DUNSCOMB, Clerk.

Mr. Hoffman, of counsel for the defendant, then moved the court, that the defendant be discharged from the custody of the marshal, which being opposed. by the attorney of the district, and the same having been argued by Mr. Hoffman, Mr. Colden, and Mr. Emmet, of counsel for the defendant, and by the attorney of the district on behalf of the Wafited States; thereupon

It is ordered by the court, that the defendant stand committed. Whereupon the counsel for the defendant offered surety for the defendant to appear and answer; and thereupon the said Samuel G. Ogden, and Samuel Gouverneur, of the city of New York, merchant, severally entered into a recognizance; the said Samuel G. Ogden, in the sum of ten thousand dollars, and the said Samuel Gouverneur in the sum of twenty thousand dollars, for the appearance of the said Samuel G. Ogden.

Whereupon, on reading and filing the several depositions of the said Samuel G. Ogden, the defendant, and William S. Smith, it was moved by Mr. Colden, of counsel for the defendant, that certain examinations and depositions of the said Samuel G. Ogden and William S. Smith, taken before his honour the judge

V

of the district, be suppressed, and not permitted to go to the grand jury, or otherwise used, on the ground of their having been improperly and illegally taken, which being opposed by the attorney of the district, on behalf of the United States, and the said motion being argued by Mr. Colden, of counsel for the defendant, and by the attorney of the district on behalf of the U. States, and it being assented to (by reason of the lateness of the hour) by the attorney of the district, and by the counsel for the defendant, that the further hearing of this motion be postponed until to-morrow morning-it was thereupon ordered by the court, that the said motion be put off for further argument, until to-morrow morning.

The Hon. MATTHIAS B. TALMADGE, Esq. Judge of the district of New-York.

The United States of America.

versus

Samuel G. Ogden, defendant.

On the motion (of yesterday) of Mr. Colden, of counsel for the defendant, to suppress the examinations and testimony of the

said Samuel G. Ogden and William S. Smith, taken before the judge of the district, from going to the grand jury, or being otherwise used the further hearing of this motion came on this day pursuant to the order of yesterday; and the same having been argued by Mr. Hoffman, Mr. Emmet, and Mr. Harison, of counsel for the defendant, and by the attorney of the district, on behalf of the United States; thereupon

The Court takes time to advise.

Thursday, April 3, 1806.

Present,

The Hon. MATTHIAS B. TALMADGE, Esq. Judge of the district of New-York.

The United States of America On the motion of Mr. Colden, of

versus

Samuel G. Ogden, defendant.

counsel for the defendant, to suppress the examinations and testimony of the said Samuel G. Ogden and William S. Smith, taken before the judge of the district, from going to the grand jury, or being otherwise used.

The defendant, Samuel G. Ogden, appearing on his recognizance, and the said William S. Smith appearing by his counsel, and they having severally made affidavits, which are filed, and on

which they moved by their counsel, that certain examinations, taken by the honourable Matthias B. Talmadge, esq. judge of the district court of this district, and signed by the said defendant and by the said William S. Smith, before the said judge, and specified in said affidavits, be ordered to be suppressed, or that such order be made to prevent the said examinations and depositions, or either of them, from being used against the said William S. Smith, or either of them, as evidence before the grand jury, or otherwise, as to the court shall seem fit.

After hearing Mr. Colden, Mr. Hoffman, Mr. Emmet, and Mr. Harison, in behalf of the defendant, and the attorney of the district for the United States, and the court having taken time to advise as to its opinion on this motion,

Doth now order, that they take nothing by their said motion.

The grand jury came into court, and presented to the court an indictment against Samuel G. Ogden; and an indictment against William S. Smith, (which said indictments are as follows :)

Circuit Court of the United States of America, for the district of New-York, in the second circuit.

District of New-York, to wit: The grand jurors of the United States of America, in and for the body of the district of NewYork, upon their oath, present, that Samuel G. Ogden, late of the first ward of the city of New-York, in the district of New-York, merchant, did, on the tenth day of January, in the year of our Lord one thousand eight hundred and six, within the jurisdiction of the said United States, to wit, at the city of New-York, in the district of New-York, and at the first ward of the said city, begin a certain military expedition to be carried on from thence against the dominions of a foreign prince; to wit, the dominions of the king of Spain; the said United States then and there being at peace with the said king of Spain, against the form of the statute in such case made and provided, to the evil example of all others in like case offending, and against the peace of the said United States and their dignity; and the jurors aforesaid, upon their said oath, do farther present, that the said Samuel G. Ogden, afterwards, to wit, on the said tenth day of January, in the year of our Lord one thousand eight hundred and six, within the jurisdiction of the said United States, to wit, at the city of NewYork, in the district of New-York, and at the first ward of the said city, did set on foot a certain military enterprise, to be carried on from thence against the territory of a foreign prince;