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1 "State of Indiana, , 1848"
"The State of Indiana, " Tippecanoe circuit Court June ?
vs Rule to show cause
Rufus A. Lockwood against the issuing of an attachment
"On the 14th day of March 1848, a rule or order was made, by the circuit court of Tippecanoe "
"this county, against Rufus A. Lockwood, one of the attorneys of this court, requiring the said "
"Lockwood to appear in the said court, on the next day thereafter, to answer for an alleged "
"contempt, for in appearing before the Grand Jury of the said county � in obedience to a "
"subpoena, and for refusing to take the following oath, which was tendered to him by the foreman "
"of the said grand Jury, then in session: �You do solemnly swear that the evidence you shall give "
"to the grand Jury, shall be the truth, the whole truth, and nothing but the truth. So help you "
God.�
"The said Lockwood, in obedience to the said rule, appeared, and filed his answer there to under "
"oath, admitting the facts charged in the said rule; but denying that they amounted to a contempt "
"of the court. He contends, that he was not bound to take an oath before the grand Jury, unless "
there was some case or indictment pending before the said Jury.
" He alleges that there was no case or indictment pending before the said Jury, and insists, that "
"there is no law requiring him to take an oath in general terms, such as the one tendered to him by "
the foreman of the jury; and therefore that that he was not guilty of the alleged contempt. The
case was hold held under advisement till this term.
" The only question presented, for our consideration, is, was the said Lockwood bound by law, "
"to take the oath prescribed, and tendered to him by the foreman of the grand Jury?"
" He contends, that the mode of swearing witnesses to testify before the Grand Jury in England, "
is the only legal mode in this State; the our circuit courts being [a word is crossed out] of courts
"of Common Law courts. Jurisdiction, in Criminal cases."
Object Description
| Rating | |
| Title | State of Indiana v. Rufus A. Lockwood proceedings, 1848 March 14 |
| Item ID | ISL_RBM_S1009_F1_005 |
| Description | Court proceedings for the Circuit Court of Tippecanoe in the case of Rufus A. Lockwood accused of being in contempt of court. |
| Subject |
Court proceedings Contempt of court Tippecanoe County (Ind.) Lafayette (Ind.) |
| Creator | Tippecanoe Circuit Court (Ind.) |
| Date of Original | 1848-03-14 |
| Time Period |
1840s (1840-1849) 19th century (1800-1899) C.E. |
| Geographic Location | Lafayette, Indiana, United States |
| Format of Original | Manuscript |
| Item Type | Text |
| Language | English |
| Repository | Indiana State Library |
| Original Collection | S1009: Isaac Naylor collection; http://www.in.gov/library/finding-aid/S1009_Naylor_Isaac_Papers.pdf |
| Digital Collection | Indiana State Library Manuscripts Small Collections |
| Rights | http://rightsstatements.org/vocab/NoC-US/1.0/ |
| Copyright Notice | No Copyright - United States |
| Use Statement | This material is in the Public Domain. No restrictions on its use. Please cite using the Required Credit Line. |
| Required Credit Line | Isaac Naylor collection, Rare Books and Manuscripts, Indiana State Library |
| Digital Date | 2015-09-01 |
| Digital Format | JPEG; 600 dpi; 48-bit color |
| Technical Metadata | Epson Expression 10000 XL; Adobe Photoshop CS5 |
| Local Identifier | [Mss I] ISLI S1009 |
Description
| Title | Page 1 |
| Item ID | ISL_RBM_S1009_F1_005a |
| Transcript | 1 "State of Indiana, , 1848" "The State of Indiana, " Tippecanoe circuit Court June ? vs Rule to show cause Rufus A. Lockwood against the issuing of an attachment "On the 14th day of March 1848, a rule or order was made, by the circuit court of Tippecanoe " "this county, against Rufus A. Lockwood, one of the attorneys of this court, requiring the said " "Lockwood to appear in the said court, on the next day thereafter, to answer for an alleged " "contempt, for in appearing before the Grand Jury of the said county � in obedience to a " "subpoena, and for refusing to take the following oath, which was tendered to him by the foreman " "of the said grand Jury, then in session: �You do solemnly swear that the evidence you shall give " "to the grand Jury, shall be the truth, the whole truth, and nothing but the truth. So help you " God.� "The said Lockwood, in obedience to the said rule, appeared, and filed his answer there to under " "oath, admitting the facts charged in the said rule; but denying that they amounted to a contempt " "of the court. He contends, that he was not bound to take an oath before the grand Jury, unless " there was some case or indictment pending before the said Jury. " He alleges that there was no case or indictment pending before the said Jury, and insists, that " "there is no law requiring him to take an oath in general terms, such as the one tendered to him by " the foreman of the jury; and therefore that that he was not guilty of the alleged contempt. The case was hold held under advisement till this term. " The only question presented, for our consideration, is, was the said Lockwood bound by law, " "to take the oath prescribed, and tendered to him by the foreman of the grand Jury?" " He contends, that the mode of swearing witnesses to testify before the Grand Jury in England, " is the only legal mode in this State; the our circuit courts being [a word is crossed out] of courts "of Common Law courts. Jurisdiction, in Criminal cases." |
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