Documentary History of the State of New York, Vol. III
Tlie Justices of the Court, refused to continue one Rossman, Wlio had been apprehended by that Government, and was bound over to appear there, and insisted upon his entring into a new Recognizance, to appear at the next Sessions, on the last Tuesday in August next. Nothing tliat we urged, against so unreasonable a Proceeding, drawn from the Design, Operation, and Letter of the Recognizance, M^ Sliirley's Letter, which desired that the Persons might be cmitinued on their Recognizances, or their own former Practice, as declared by tlie Clerk of the Court, was sufficient to prevent the additional Trouble and Charge of giving a new Recognizance.
Li the Evening, we spent some time with Messrs Worthington Williams & Dwight, and pressed them to consider the Case of the Prisoners and Bail them if possible, We had laid before them, a Printed Copy of Your Honour's Proclamation of the 28 April, and Contended, tliat the Prisoners being present at the killing of Race, when they were summoned to attend under the Proclamation, removed all suspicion of their being Criminal, even tho' it were admitted tliat Race had been murthered. We farther insisted that they ought at Present, to make the Mittimus by which the Prisoners were committed, and not the Real merits of the Cause, the sole Rule of Judging, Whether they were guilty or not,*and if so, we had reason to hope, that they would Bail them, because the Mittimus (a Copy of wliich we inclose) did not certainly charge the Prisoners with any Crime Whatsoever -- M' Wortliington seemed to join in opinion that the iNiittimus was Insufficient.