Trial of the Case of the Commonwealth Versus David Lee Child, for Publishing in the Massachusetts Journal a Libel on the Honorable John Keyes: Before the Supreme Judicial Court, Holden at Cambridge, in the County of Middlesex

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Dutton and Wentworth, printers, 1829 - 119 pages
 

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Page 57 - But if one branch may assume its own privileges without control, if it may do it on the spur of the occasion, conceal the law in its own breast, and, after the fact committed, make its sentence both the law and the judgment on that fact, if the...
Page 53 - No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what arises from the consideration of services rendered to the public...
Page 23 - In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
Page 132 - He shall preserve decorum and order; may speak to points of order in preference to other members...
Page 116 - Court from time to time to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes and ordinances, directions and instructions, either with penalties or without, so as the same be not repugnant or contrary to this Constitution, as they shall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof and of the subjects of the same...
Page 4 - Chalk afterwards, to wit, on the day and year last aforesaid, with force and arms at the parish aforesaid, in the...
Page 37 - It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent, as the lot of humanity will admit.
Page 57 - Laws made to punish for actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive, and inconsistent with the fundamental principles of a free government.
Page 60 - In all crimes," says Lord Hale, in his Pleas of the Crown, " the intention is the principal consideration; it is the mind that makes the taking of another's goods to be felony, or a bare trespass only ; it is impossible to prescribe all the circumstances evidencing a felonious intent, or the contrary ; but the same must be left to the attentive consideration of judge and jury, wherein the best rule is, in dubiis, rather to incline to acquittal than conviction.
Page 59 - Almon's shop ; there was proof of that sale at the trial. Mr Almon called no witnesses, and was found guilty. To found a motion for a new trial, an affidavit was offered from Mr Almon, that he was not privy to the sale, nor knew...

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