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TRIAL OF JOHN W. WEBSTER. 323
3d. Also, that it does not and cannot judicially appear to the Supreme
Judicial Court aforesaid, from any matter or thing before it in the record
and proceedings, that the said Municipal Court of the City of Boston
made an adjudication directing the time when the said indictment
should be entered at, and have day in, the said Supreme Judicial
Court.
4th. Also, that the said Municipal Court of the City of Boston did
not fix and adjudicate that the said indictment should be entered at,
and have day in, the said Supreme Judicial Court at a fixed or other
certain time, when it could be judicially known that the said Supreme
Judicial Court would be in session.
5th. Also, that if the Municipal Court of the City of Boston did fix
and adjudicate that the said indictment should be entered at a fixed and
certain time, when it was judicially known to the said Municipal Court
that said Supreme Judicial Court would be in session, yet that said
indictment was not in fact entered on said day in the Supreme Judicial
Court.
6th. Also, that it is not, and cannot from any matter or thing in the
said Supreme Judicial Court, be judicially known to said Supreme
Judicial Court, that the said John W. Webster was served with any
order or decree, or copy of such order or decree, of the said Municipal
Court of the City of Boston, fixing the time when the said indictment
should be entered in the said Supreme Judicial Court.
7th. Also, that no order or decree of the said Municipal Court of the
City of Boston, fixing the time when said indictment should be- entered
in the said Supreme Judicial Court, was ever legally served upon the
said John W. Webster, so that in fact the said Webster was not legally
transferred from the said Municipal Court of the City of Boston to the
said Supreme Judicial Court.
8th. Also, that there is error in this: that it appears by the record
aforesaid, that the judgment aforesaid has been given for the said Com-
monwealth against the said John W. Webster; whereas, by the law of
the land, the judgment aforesaid ought to have been given for the said
John W. Webster against the said Commonwealth.
9th. That neither the sentence pronounced, nor the judgment ren-
dered by this Honorable Court on the indictment aforesaid, is warranted
by, or in accordance with, the laws of this Commonwealth, but that each
is contrary thereto.
And the said John W. Webster prays that the judgment aforesaid,
for the errors aforesaid, may be reversed, annulled, and altogether held
for nothing; and that he may be restored to all things which he hath
lost by occasion of said judgment.
EDWARD D. SOHIER,
Of Counsel for said John W. Webster.
Annexed to the petition and assignment of errors, was the following
affidavit:
I, John W. Webster, on oath declare and say, that the foregoing peti-
tion and assignment of errors to be filed therewith, are not intended by
me for the mere purpose of procuring delay in the execution of the judg-
ment therein mentioned, but because I am advised by counsel assigned
me by the Court, that in their opinion the said errors assigned are of
such grave importance that it is proper that I should have them pre-
sented to the Supreme Court for its decision.
J. W. WEBSTER.
Subscribed and sworn to before me, oil this 3d day of May, 1850.
CHARLES A. WELCH,
Justice of the Peace,
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