Stansbury v. Marks
Supreme Court of Pennsylvania
2 U.S. (2 Dall.) 213 (1793)
Relevant factsFree
The underlying civil suit, Stansbury v. Marks, was called for trial on Saturday, April 5, 1793. The defendant (Marks) called Jonas Phillips, an observant Jew, as a witness. Phillips refused to be sworn because testifying would violate his Sabbath. The court fined him 10 pounds for refusing to testify. The defendant then waived the benefit of Phillips's testimony, and the court discharged Phillips from the fine.
IssueFree
Whether a witness who refuses, on religious grounds, to be sworn and testify on his Sabbath may be fined for contempt, and whether that fine may later be excused.