BY THE COURT: — There is proof of an overt act, that the prisoner did enlist, and evidence is now offered to shew, that he also endeavoured to persuade others to enlist, in the armies of the enemy. But we are of opinion, that the word persuading, used by the Legislature, means to succeed; and that there must be an actual enlistment of the person persuaded, in order to bring the Defendant within the intention of the clause. 2 Lord Ray. 889.
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