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 24
... intended to be imputed to him by this charge . He presumes it was as proper for him to give professional advice to an executor or admin- istrator , as to any other clients , unless it were for some matter pending before him , in his ...
... intended to be imputed to him by this charge . He presumes it was as proper for him to give professional advice to an executor or admin- istrator , as to any other clients , unless it were for some matter pending before him , in his ...
Page 70
... intended to provide for all necessary services such compensation as was thought proper . Here is a duty provid- ed , and a fee fixed by statute . We insist that no other or greater fee can be taken . We do not mean to say that if there ...
... intended to provide for all necessary services such compensation as was thought proper . Here is a duty provid- ed , and a fee fixed by statute . We insist that no other or greater fee can be taken . We do not mean to say that if there ...
Page 71
... intended that these services should be performed without particular compensation ; and when an office is created , and certain fees allowed for certain services , that then the aggregate of these fees is to be the compensation , and the ...
... intended that these services should be performed without particular compensation ; and when an office is created , and certain fees allowed for certain services , that then the aggregate of these fees is to be the compensation , and the ...
Page 79
... intended to make a general opening and offer our evidence , and then to hear the general opening and evidence on the part of the Respondent . We were well aware of the propriety of apprizing the counsel for the Respondent of the legal ...
... intended to make a general opening and offer our evidence , and then to hear the general opening and evidence on the part of the Respondent . We were well aware of the propriety of apprizing the counsel for the Respondent of the legal ...
Page 93
... intended that no charge should be made , but for the services there named ? It cannot be that the Hon . Court will draw the conclusion that my cli- ent , in giving the same construction to this statute as others have done , has been ...
... intended that no charge should be made , but for the services there named ? It cannot be that the Hon . Court will draw the conclusion that my cli- ent , in giving the same construction to this statute as others have done , has been ...
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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.