Petition of the Counsel of Robert Swan to the House of Delegates : January Session, 1853 1853

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It was repeated in open court, on the first day of that term ; and again repeated, one week thereaf- ter, on the return day of the subpcena issued in the case. To this question, as often as it was asked, the same answer was uniformly given, namely, that Robert Swan had no power under the law, to create a court competent to try him in Washington county ; he had consented to be tried in Allegany ; the State had agreed that he should be tried there, and his Counsel believed that he could not, with... or without his consent, be tried elsewhere.
The Counsel for the prosecution chose to put this question so often, and on the last occasion in so formal and public a manner, for reasons which were no doubt satisfactory to themselves ; but they certainly knew when propounding the question in Washing- ton county, what the answer to it would be; and they knew, also, the reason why no other answer would be given. The case was removed to Washington county for trial by the State, and against the wishes of the defence, who insisted that the Judge presiding at the trial had no power to change the venue.


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