with some hesitation
(Fitzhugh, J., absent,)permitted the defendant Swann, to be examined. See United States v. Pawling et al. in the Supreme Court of the United States, 4 Cranch, 221; Harper v. Smith, in this Court at July term, 1808, (1 Cranch, C. C. 495,) and the United States v. Hunter et al. at November term, 1807, (1 Cranch, C. C. 446,) and the United States v. Abbot, in the District Court, (not reported.) But see below, Johnston v. Chapman & Alexander.