Ex parte Chamberlain
This text of 4 Cow. 49 (Ex parte Chamberlain) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The Court, said they had looked into this subject, and thought the distinction lay between misdemeanor and felony ; that in the former case the defendant must tender his witnesses their fees, as in 'civil cases; but that in prosecutions for felonies they were compellable to attend without fees. They should have denied this motion at once, on the ground that it sought for a mandamus to compel an inferior Court to punish for a contempt, had the matter rested there ; for every Court must he the sole judge whether a contempt has been committed against it or not; but as the private rights of an individual were also impli cated, they had for that reason looked into the merits.
Motion denied.
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