2

are none in truth, and it would violate every rule
of common sense not to presume the proceedings below
were correct when the defendant did not there complain.
We have heard much on the subject of Captions in
England, where trials have been had on the Circuits;
the Courts are there always hoden by special commission,
sometimes at one place sometimes at another; their
practice has but slight analogy to ours: our Courts
stand upon the footing of the Kings bench: suppose a
criminal tried at Bar: in that Court, can you reverse
by reason of the want of a caption? Every thing is
presumed in favor of a due excercise of the Jurisdiction,
and such objections not allowable or thought of. If
this exception could prevail, it applies equally to
every criminal and civil case upon the Docket-
2^d objective The [state?] of the time of the presentment
is in figures. This is a mistake; yet were it not,
the record shews where it was returned a true Bill-
3 obj. variance in the Counts of the Indictment.
The Indictment pursues the statute and is clearly
good- The arraignment is said not to be good
It is strictly regular taking the whole together,
and the plea aptly applied to the particular
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It is contended the defendant should
have a new trial upon the evidence. The proof
of guilt is clear beyond all contradiction, in the
affidavit for a new trial, the defendant admits
the truth of the charge. That he was involved
in the crime, by seductive means used by Walker,