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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 STÁTE.

> BY OCTAVIUS PICKERING AND WILLIAM HOWARD GARDINER,

OF THE SUFFOLK BAR.

BOSTON :

PUBLISHED AT THE OFFICE OF THE DAILY ADVERTISER.

1821,

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THE original intention of the reporters of this trial was to furnish an account of it for the Boston Daily Advertiser, and the preliminary proceedings appeared in that paper accordingly; but after the trial was begun, it was found impracticable in this manner to give such an account of it as its importance and the ability of the counsel engaged in it seemed to demand, and the reporters relinquished their first design for the purpose of making a full report in a more permanent form. To some readers they may appear to have been unnecessarily minute; but as this is the first reported case of an impeachment in this Commonwealth, and will naturally be referred to as a precedent in future cases of the same kind, in this, and perhaps some of the neighbouring States, they thought it might prove useful to publish the forms and modes of proceeding more at large. In their endeavours to be accurate, they have been aided by the use of several sets of minutes, with which they were favored by gentlemen who had a part in the trial, and the main arguments of the counsel, with the exception of Mr. Hoar's, have been revised by the respective speakers. It is due to Mr. Hoar to state, that on account of his residing at a distance from Boston his argument has nev er been submitted to his inspection. The reporters are also under obligations to Mr. Hale, the editor of the Daily Advertiser, as well for the use of his minutes, as for his assistance in preparing some parts of the report. The arguments of the counsel will be found to contain much valuable information on the subjects of impeachment and courts of probate, and tappendix, if it does not supersede the necessity of sometimes recurring to the journals of the Legislature for the records of former impeachments, will at least serve as an index to them.

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