Citation: KEPPELE v. WILLIAMS, 1 U.S. 29 (1776)
Background
The case involved a procedural dispute during a trial. A venire facias (a writ summoning a jury) had been issued, and the jury was summoned. However, the plaintiff, Keppele, forbade the sheriff from bringing the jury to court.
Overview
On the day of the trial, Keppele’s attorney demanded the venire, while Williams’ attorney opposed it and advised the sheriff to deliver it into court. The jury attended upon the application of Williams’ attorney, and the court was moved for direction.
Issues of the Case
Whether the venire could be pocketed or ignored by the plaintiff.
Whether the trial could proceed without the jury present in court.
The procedural handling of the venire and the jury’s attendance.
Court
The case was heard by the Supreme Court of Pennsylvania during its April Term in 1776.
Parties to the Case
Plaintiff: Keppele
Defendant: Williams
Judgment
The court ruled that it would be a contempt of court to pocket the venire (ignore the jury summons). The Chief Justice cited authorities to show that the venire should be delivered into court1. The plaintiff then moved to continue the cause, which was allowed, and the defendant moved for a proviso rule, which the plaintiff objected to. The motion was dropped due to the absence of a material witness
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