The court considered the conviction insufficient to warrant judgment, as the court, before whom the defendant was tried, had not jurisdiction in the case: and for as much as the conviction was founded on mistake ; and that mistake apparent on the face of the proceedings, the judgment was ordered to be arrested. And it waS ordered, that the defendant should be prosecuted de novo, for the* same offence, on the same indictment, in the' district within which-' the offence was committed.