Report of the Trial by Impeachment of James Prescott, Judge of the Probate of Wills, &c. for the County of Middlesex for Misconduct and Maladministration in Office, Before the Senate of Massachusetts in the Year 1821: With an Appendix, Containing an Account of Former Impeachments in the Same State |
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Page 10
... parties or their counsel , shall be addressed to the President of the Senate ; and if he shall request it , shall be com- mitted to writing and read at his table , and all de- cisions upon such motions shall be had , after hear- ing the ...
... parties or their counsel , shall be addressed to the President of the Senate ; and if he shall request it , shall be com- mitted to writing and read at his table , and all de- cisions upon such motions shall be had , after hear- ing the ...
Page 11
... parties or their counsel , shall be addressed to the President of the Senate ; and if he shall request it , shall be com- mitted to writing and read at his table , and all de- cisions upon such motions shall be had , after hear- ing the ...
... parties or their counsel , shall be addressed to the President of the Senate ; and if he shall request it , shall be com- mitted to writing and read at his table , and all de- cisions upon such motions shall be had , after hear- ing the ...
Page 13
... parties . He therefore moved that the Court should adjourn until tomorrow at 11 o'clock , in order that the Respondent might have time to make an affidavit of such facts as he wish- ed to present to the Court . er . Sullivan , Mr KING ...
... parties . He therefore moved that the Court should adjourn until tomorrow at 11 o'clock , in order that the Respondent might have time to make an affidavit of such facts as he wish- ed to present to the Court . er . Sullivan , Mr KING ...
Page 15
... parties withdrew . HOUSE OF REPRESENTATIVES . THURSDAY , FEB . 15 . Mr.HUBBARD , of Boston , stated to the House that he had been applied to by Judge Prescott to assist in his defence against the articles of im- peachment which had been ...
... parties withdrew . HOUSE OF REPRESENTATIVES . THURSDAY , FEB . 15 . Mr.HUBBARD , of Boston , stated to the House that he had been applied to by Judge Prescott to assist in his defence against the articles of im- peachment which had been ...
Page 16
... parties an account of the items of fees , so demanded and received || by him . 3 . To these several and distinct accusations the Respondent will now proceed to make distinct answers . receive applications and transact business , upon ...
... parties an account of the items of fees , so demanded and received || by him . 3 . To these several and distinct accusations the Respondent will now proceed to make distinct answers . receive applications and transact business , upon ...
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Common terms and phrases
accused admit advice alleged allowed alluded answer appear applied appointed articles of impeachment attorney Benjamin Champney cents charge circumstances common law Commonwealth constitution constitution of Massachusetts corrupt corruptly counsel county of Middlesex course court of impeachment crime decree demand and receive DUTTON duty evidence extortion facts fee-bill fees grant Groton Grout guardian guilty HOAR holden honorable House of Representatives illegal indictment James Prescott Judge as aforesaid judge of probate Judge Prescott judgment judicial jurisdiction justice learned Managers letter of administration ment misconduct and maladministration ng ng ng occasion offence paid papers parties peachment person pondent present President principles probate court proceedings proper prosecution proved provision question recollect Respondent Respondent's rule Senate special courts standing law statute supposed sworn taken thing tion transaction trial usage Ware WEBSTER whole witness
Popular passages
Page 117 - The senate shall be a court with full authority to hear and determine all impeachments made by the house of representatives, against any officer or officers of the commonwealth, for misconduct and mal-administration in their offices.
Page 139 - The judges of probate of wills, and for granting letters of administration, shall hold their courts at such place or places, on fixed days, as the convenience of the people shall require; and the legislature shall, from time to time, hereafter, appoint such times and places...
Page 119 - This trial, though it varies in external ceremony, yet differs not in essentials from criminal prosecutions before inferior courts. The same rules of evidence, the same legal notions of crimes and punishments, prevail. For impeachments are not framed to alter the law, but to carry it into more effectual execution against too powerful delinquents.
Page 122 - All the laws which have heretofore been adopted, used, and approved in the Province, Colony or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the Legislature ; such parts only excepted as are repugnant to the rights and liberties contained in this Constitution.
Page 129 - Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty, and property, according to standing laws.
Page 186 - The respondent is now brought, a single, unprotected individual, to this formidable bar of judgment, to stand against the power and authority of the State. I know you can crush him, as he stands before you, and clothed as you are with the sovereignty of the State. You have the power " to change his countenance and to send him away.
Page 134 - A crime, or misdemeanor, is an act committed or omitted in violation of a public law, either forbidding or commanding it.
Page 118 - But an impeachment before the lords by the commons of Great Britain, in parliament, is a prosecution of the already known and established law, and has been frequently put in practice; being a presentment to the most high and supreme court of criminal jurisdiction by the most solemn grand inquest of the whole kingdom.
Page 132 - No subject shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself.
Page 19 - ... and in whichsoever way you perform the service, let it be done at least days before the appearance day mentioned in the said writ of summons.