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 9
... charge in the guardianship account aforesaid , and to allow the same without the knowledge of the said Grout , did pay to the said Prescott , the said sum of five dollars And thereupon the said Prescott did insert by in- terlineation ...
... charge in the guardianship account aforesaid , and to allow the same without the knowledge of the said Grout , did pay to the said Prescott , the said sum of five dollars And thereupon the said Prescott did insert by in- terlineation ...
Page 11
... charge in question , according to evidence - So help you God . ' the same oath was administered to the several mem- bers hereafter named , viz : Hon . J. B. Varnum , William Gray , Israel Bartlett , Jona . Hunewell , John M. Williams ...
... charge in question , according to evidence - So help you God . ' the same oath was administered to the several mem- bers hereafter named , viz : Hon . J. B. Varnum , William Gray , Israel Bartlett , Jona . Hunewell , John M. Williams ...
Page 16
... charge contained in thisAr- ticle appears to consist of three separate and distinot accusations , viz . 1. That the said let- ters of administration were granted and de- creed by this Respondent improperly , be cause not done at any ...
... charge contained in thisAr- ticle appears to consist of three separate and distinot accusations , viz . 1. That the said let- ters of administration were granted and de- creed by this Respondent improperly , be cause not done at any ...
Page 19
... charge this Respondent with having subsequently received , during and upon the settle- ment of said estate , wilfully and corruptly , the sum of thirty six dollars and nineteen cents , which , as it is alleged , is more than the legal ...
... charge this Respondent with having subsequently received , during and upon the settle- ment of said estate , wilfully and corruptly , the sum of thirty six dollars and nineteen cents , which , as it is alleged , is more than the legal ...
Page 20
... charged in this article , with having demanded and received illegal fees of office ; this charge he utterly denies , and it cannot be made good by now contending , that although he did not officially receive any excees of fees , yet ...
... charged in this article , with having demanded and received illegal fees of office ; this charge he utterly denies , and it cannot be made good by now contending , that although he did not officially receive any excees of fees , yet ...
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Common terms and phrases
accused adjourned admit advice aforesaid alleged allowed alluded answer appear applied appointed articles of impeachment attorney Benjamin Champney bribery cents charge circumstances common law Commonwealth constitution constitution of Massachusetts corrupt corruptly counsel county of Middlesex course court of impeachment crime decree defendant demand and receive dollars DUTTON duty evidence extortion facts fee-bill granting Groton Grout guardian guilty HOAR holden honorable House of Representatives indictment James Prescott judge of probate Judge Prescott judgment judicial jurisdiction justice learned Managers letter of administration Mary Trowbridge ment ng ng ng object occasion offence paid papers parties peachment person pondent present President principles probate court proceedings proper prosecution proved provision question reasonable recollect record 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 109 - 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 122 - ... no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty or estate; but by the judgment of his peers, or the law of the land.
Page 126 - A CRIME, or misdemeanor, is an act committed, or omitted, in violation of a public law, either forbidding or commanding it.
Page 115 - But previous to the trial of every impeachment the members of the senate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence.
Page 179 - Ye shall do no unrighteousness in judgment: thou shalt not respect the person of the poor, nor honour the person of the mighty: but in righteousness shalt thou judge thy neighbour.
Page 11 - ... and in whichsoever way you perform the service, let it be done at least days before the appearance day mentioned in said writ of summons.
Page 114 - 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 110 - 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 into 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 111 - 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, prevailed; for impeachments are not framed to alter the law, but to carry it into more effectual execution against too powerful delinquents.
Page 124 - 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.