ing for the defendant, he was defaulted; | that the Respondent did not know at that time, that this action was brought on the said note, nor did he discover it until he was making up his record at large, after the attorney had left his office; nor had he any idea that it was brought in the name of a fictitious endorsee, until after the execution had issued; that the Respondent had no interest or property in the note, and that it was never intended that he should have any thing more to do with it, than to hand it over to an attorney, and receive from the attorney the amount which he collected, to be credited by the Respondent to Kellock. And the Respondent further says, that he gave no directions whatever to the attorney, as to the manner in which this note was to be sued, nor as to the action being brought before him, &c.
"And as to the 2d and 3d articles of impeachment, as well as to the 1st, and as to all the criminal matters and things in the same impeachment alleged against the said C. he the said C. doth say that he is not guilty of the same, or of any part thereof, in manner and form as is set forth, and thereof puts himself on trial."
A replication was filed by the Managers in the case, but was not read in Court.
The Court then adjourned to the 29th and on that day, on the motion of the Managers, adjourned again to the 2d of Feb. The 2d and 3d Feb. were occupied in the hearing of evidence and the arguments.~ George Blake, Esq. closed on the part of the Respondent, and Benjamin Whitman, Esq. on the part of the Managers.
The next day the Court deliberated with closed doors. The day after, the question was put," is M. C. Esq. guilty as charged in the 1st article of impeachment, or not guil ty?" The vote was guilty, 7-not guilty, 25. On the 2d article the vote was unanimous, not guilty. On the 3d article the vote was as on the 1st.
The President then declared, that it was the opinion of the Court, that M. C. Esq. was not guilty of either of the charges in the several articles of impeachment. Mr. Lee, counsel for the Respondent, moved the Court, that M. C. Esq. should be discharged. The Managers making no objections, the Court ordered that M. C. Esq. be discharged and go without day.
It does not appear in either of the foregoing cases, that a message was sent by the House to the Governor, to inform him of the impeachment pending.
Abbreviations-ans. for answer-art. article or articles-com. committee-ct. court-ev. evidence-'
exam. examined-Gov. governor-H. of R. house of representatives-imp. impeachment-M. mana-
ger or managers-prob. probate-R. respondent-S. senate-v. vide.
Action, definition of 80, 198
Adams, Jonas v. Amendment, Article 15th
Adams, Nathan, exam. 65
Adams Joseph, v. Amendment
Adams, Josiah, exam. 65
Address, removal by, 104, 113, 117
Administration, v Fees
Administrator, v. Advice
Admissibility, v. Evidence
Advice, from judge of prob, to guardians, execu-
tors and administrators, 29, 85, 94, 96-7, 98-9, 102,
151,173, 188-fees for, no subject of imp. 54, 95-
to suitors in general 29, 150
Affidavit, required to support motion 13-of R.
for a continuance 14
Allegation, v Articles
Allen, Shobal C. v Article 15th.
Allowance, of fees paid for advice 174
Amendment, of 15th art. 13, of rule for subpoenas
Answer, to the articles 15-24. ordered to be filed
15. copy to be furnished to M. 15. read by R's coun-
sel 15. King's remarks on 27-9. may be general 195.
Appearance, rule respecting 10-of M 7,25,61—
of R. 11-of counsel 11, 15
Articles, 7-10. com. to prepare 6-reported 7
-Accepted 11-order to exhibit 11-exhibited 7-
read by clerk 11, 206-of publishing 12-ans to
15-24--sufficiency of 25, 44, 45, 57, 88, 90, 93, 95,
124, 126, 136, 164, 165-7, 169, 172, 175, 181-2, 184,
194, 196-copy of delivered to R 211-a kind of
bills of indictment 46, 194-may be general 80,
194, 196-not to be viewed as a whole 88-judg-
ment on 209-copies to be furnished to M 7-do.
to members of H of R 210-caption and signing of
211.
Article 1st, 7-ans. to 15-19-ev. on 30-5, 55, 68-9
-comments on 27-9, 80-3, 88-92, 137, 165-71,
183-7-judgment on 206
Article 2d, 7-ans. to 19-ev. on 35-7, 55-com-
ments on 27, 83-4, 92-4, 166-7, 171, 187-judgment
on 206
Article 3d, 7-ans. to 20-ev. on 37-9-comments
on 27, 84, 94, 166, 171, 187, 202-judgment on
206-7, 209
Article 4th, 8-ans. to 20-ev. on 39-40-comments
on 27, 84, 95, 166, 171, 188-judgment on 206
Article 5th, 8-ans to 20-ev. on 40-comments
on 27, 84, 95, 166, 171, 188-judgment on 206
Article 6th, 8-ans. to 20-1-ev. on 41-3, 61-3-
comments on 27, 29, 84-5, 95.6, 143, 171, 188-9,
204-5-judgment on 206
Article 7th, 8-ans to 21-admitted 43-of re-
ceiving ev, on 43-ev. on 44, 46-8, 63-5,-of receiv-
ing ev. of facts not alleged in 44-comments on 27,
43, 44, 45, 85, 96-7, 171, 188-judgment on 206
Article 8th, 8-ans to 21-ev. on 43, 71-com-
ments on 27, 85, 97-8, 172-judgment on 206
Article 9th, 8-ans. to 21-nisnomer in 49-com-
ments on 27, 85, 98, 172-judgment on 206
Article 10th, 8-ans to 21-ev. on 49-comments
on 27, 85, 98, 172-judgment on 206
Article 11th, 8-ans, to 21-ev. on 49-comments
on 27, 85, 98-9, 172-judgment on 206
Article 12th, 9-ans. to 22-3-ev. on 50, 66-8-
comments on 27, 29, 85-6, 99-101, 144-9, 172-6,
189-91, 202-judgment on 206-7, 209
Article 13th, 9-ans. to 23-ev OR 51-2.comments
on 27, 86, 101, 172-judgment on 206
Article 14th, 9-ans. to 23. ev. on 52-3-comments
on 27, 86, 101, 172-judgment on 206
Article 15th, 9-amended 13-ans. to 24-ev. on
53-5-offer to admit 53-comments on 27, 86,
101-2, 201-judgment on 206
Authorities, whether English decisions are 75-
referred to, viz :-
Bac. Abr. (extortion) 170-Bl. Comm. 44, 110,
118, 126, 127, 136, 164-Buru's Eccles. Law, 161,
162, 167-Chitty's Crim. Law, 126, 127, 136, 164
-Co, Lit. 80, 86, 116, 163, 198-2 Co. Inst. 127,
195-3 Co. Inst. 118-4 Co. Inst. 72, 87, 170-
Com. Dig. 127-Cooper's Justinian 80, 198-Gib-
son's Eccles. Law, 73, 132, 133, 183-Hale's P.
C. 110, 164-Hawk. P. C. 136-Heinec. Elem.
Jur.Civ. sec. ord. Inst. 80-Jacob's Law Dict.163
-Rast. Entr. 127, 196-Selden's Judic. of Par-
liament, 195-Toller's Law of Ex. 167-Vinnii
Comm. 80-Wooddes. Lect. 111, 127, 164.
Queen of England's Trial (Dolby's) 110, 111, 112, 110---bills of pains and penalties 112 et seq-imp.in
Sacheverell's (St. Tr.)
Sarum's (Bishop of) (Moore)
Shurley vs. Packer (Co. Lit.)
Smith vs. Mall (2 Rol. Rep.)
Veale vs. Priour (Hard.)
Wales vs. Willard (2 Mass. Rep.)
104, 126, 216
198
164, 195
Winton's (4 Hatsell's Prec.)
Mass 114-S.a ct. of judicature 115--offences with-
in its jurisdiction 116-its judgment 121-rules for
its conduct 123-tenure of judicial office 121-of
the formal allegation 124, 136, 137-general view
of the art. 128-character and conduct of R. 128,
139, 152, 157--legality of special prob. cts. 130-
absence of register 132-office and duties of reg-
ister 133-legality of fees taken by R. 135-extor-
tion 136-1st art. 137-statement of items 138-
papers necessary for administration 139-acting as
counsel 141-bribery 142-6th art. 143-12th
art. 144-advice and assistance to suitors 150-do.
to executors, &c. 154-office of judge 155-6--im-
portance of the trial to R. 104, 158-misstatement
of M. 205
Breck, Jotham, v. Article 12th
Bribery, defined 44, 118, 126, 142-law of 75,
76, 142
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Clerk, sworn 11-reads art. 11-to issue subpœ-
nas 10, 14-to swear officer, president, and wit-
nesses 10-swears them 11-reads R's motion 12
-calls witnesses 24-reads each art. to the ct.
206-authorized to purchase copies of the report.
210-countersigns art. 211—to furnish copies of
art. 7
Cobb, on com. on Wood's pet 5
Committee, of inquiry on fee-bill 5-on Wood's
pet. 5-of imp. 6-10 prepare art. 6-to inform
Gov. 6-to demand judgment on the imp. 6-of
rules 5-on ct's sitting during recess of legislature
14-v. Report
Common Law, nature of 85, 194-forbids judge's
205 giving counsel 85-puts fees on the ground of
quantum meruit 162, 170
98, 169
72, 131
79, 98, 198
1795 c 41 (fees) 28, 57, 70, 82, 90, 91, 136, et seq.
1805 c. 83 (ct. of prob. in Midd.) 16, 73, 77, 81, 89,
132, 168
1817 c. 190 (judge of prob.) 29, 20, 98, 99, 154, 198
(fixed days)
Baldwin, Loammi, exam. 63
Barrett, Nathan, exam. 65
Bartlett, Abner, exam. 51, 65
Baylies, William, on com. to prepare art. 6-
elected M. 11-appears as M. 7-absent 15—
his place supplied 61, 211
Biglow, Abraham, exam. 197.
Bills, of pains and penalties 111 et seq.-of in-
dictment 195
Complaint, against J. Prescott, v. Petition
Constitution, of Mass. general comments on 89,
103-25, et passim. v. Authorities.
Continuance, R's motion for 12-affidavit to sup-
port the same 13-q. upon 12, 14
Copeland, Moses, account of his imp. 217
Corruption, must be alleged 76-must be proved
60, 92-whether to be proved when the facts are
admitted 43-whether proved 83, 91, 93, 97, 170-1,
176, 191-whether usage rebuts 60, 76, 170-1
Council, attend the trial 11
Counsel, to be heard on trial 10-to have sub-
poenas 10-appear 11, 15—et passim. introduce ev,
55-79, 86, 197-have leave to retire and consult
70-arguments of 87, 102, 159-v. Blake, Hoar,
Hubbard, Peabody, Prescott, Webster.
County, ancient prob. jurisdiction of 168
Ecclesiastical, how far analogous to prob. ct. 72
-whether always open 82-has no terms 167
Of Audience, 72
Of Impeachment, members of, how to be sworn
10-organized 11-members of, sworn 11, 15-
arrangement of 7,25-rules of 6-7, 10-11-of ex-
Blake, George, appears as counsel 15-on admis-
sion of ev. 44-examines witness 32, 34, 39-his
argument 102-59-exordium 102-on constitution-
al powers of the ct. 103-25-precedents rare 103
-to be guided by the constitution 103-purity of
our civil administration 103, 107-former impeach-cluding spectators from 12-reject a motion for
ments in Mass. 104-importance of this case as a
precedent 104, 158-9-dangerous notions on imp.
104-removal by address 104, 113, 117-motives
of H. of R. 105-no arbitrary power in any branch
of our government 105-6-punishment only for
breach of known law 106, 113, 121-Mass. judi-
ciary 106, 155-grand inquest 107-grand and trav-
erse juries 108-jealousy of arbitrary power in our
constitution 108-misconduct and maladministra-
tion in office 109, 117-nature of imp. in England
110 et seq.-design of it 111-trial of the Queen
continuance 12-hear R. on a motion of a Sena-
tor 13-require affidavit for continuance 13-as-
sign a day for trial 14-order R. to file ans. 15.
whether it can sit during recess of legislature 14
-powers and duties of 26-7, 43, 45, 163-25-de-
cide that ev. may be received on an art. admitted
46-withdraw to deliberate on q. of ev. 60-com-
pared with the English ct. of imp. 160, 193-not
an arbitrary ct. 105-6-how far discretionary 164,
182-by what rules to be governed 59, 125, 193-
whether bound by decisions of Sup. Jud. Ct. 60-→→→
do. of English cts. 75-its jurisdiction 43, 116-its
judgment 121-a ct. of judicature 115-decide that
R. may correct misstatements of M. after argu-
ment 192-o establish a precedent 104--can pun-
ish only a breach of law 106, 113, 121—to determ-
ine what is form and what substance 194-con-
vict R. on two art. 206-7--table of opinions 206—
deliberate with closed doors 12, 60, 207-agree to
hear motion in arrest of judgment, &c. 208-9--pro-
nounce sentence 209-adjourn without day 209
Of Probate. v. Probate.
Supreme Judicial, its decisions binding on S. 60
-permit ev. of usage to rebut corruption 58, 76-
allow extra fees to officers 93-character of 106
Crier, opens ct. 7 et passim.-v. Form
Crosby, Josiah, exam. 48 v. Articles 8th and 9th
Demurrer, whether any on process of imp. 195
--on indictment 76
Dix, Benjamin, exam. 37-v. Article 3d
Doolittle, Mark, his motion on assigning a day
14-moves that counsel be heard in arrest of judg-
ment 209
49-Tarbell's 30-3-Walker's 52-Walton's 55-6,
57-Ware's 50-Whiting's 44, 46-8-Wood's 53,
54-Wyman's 49-v. Certificate. Record.
Admissibility of, on an art. admitted by M. 43—
of facts not alleged 44-6-contradicting facts al-
leged 48-oral, of matter of record 52, 53-of
fees taken though not allowed in the account 4-
of what advice was given 54-of amount of fees
usually taken in Suffolk 57-9, 69-77-of usage of
Suffolk as to taking any fee in certain cases 59-61,
69-77-as to other counsel than witness being em-
ployed 63-as to particulars of Ware's quarrel
with R. 67-as to usage of R's predecessor 77-8
Credibility of, arguments respecting 100, 175,
190-1, 202
Rules of, as in other cts. 193
Executor, v. Advice.
Extortion, defined 86, 136, 183-law of, 75, 86-
7, 170-must be alleged 76
Fay, Samuel P. P. on com. of inquiry 5-do.
on Wood's pet. 5-do. to prepare art. 6-elected
M. 11-appears as M. 7-offers ev. on art. admit-
ted by R. 43-reads accounts, records. &c. in ev.
30, 31, 35, 38, 40-examines witnesses 30 et seg--
on 14th art 52-on 15th art. 54
vice 46-7, 52-3, 85-legality of, for advice to
guardians &c. 20. 23, 29, 45, 97, 98-9, 142, 174-
what legal, for prob. services 17-19, 28, 57, 58, 59,
70-1, 82-3, 90-2, 93-4, 165, 185, 199, 202-what
usual in Middlesex 33-5, 36, 39, 40, 41, 170-do. in
Suffolk 57-statement of, required by law 83, 138,
166-whether refused 89, 187-extra for special
cts. 186. For fees paid by each witness v. Evi-
dence.
Fiske, Isaac, exam. 33, 36, 39, 40, 41, 49, 51, 55,
68, 69
Dutton, Warren, on com. to prepare art. 6
elected M. 11-appears as M 7-on admissibility
of ev. notwithstanding admission of art. 43, 53-
on do. of fees paid for advice 54-on do. of cause Fee-bill, com. of inquiry on 5-general com-
of Ware's animosi ty to R. 67, 68-on do. of usage ments on 82, 90-1, 92-3 el passim. v. Authorities.
in Suffolk 57, 74-moves new ev. on 15th art. 54 Fees, whether to be regulated by the fee-bil 70-
-moves adjournment 61-on prob. judge acting as 1, 82, 186-did not originate by statute 161-on
counsel 79, 198, 200, 201-sufficiency of art. 127, the ground of a quantum meruit 90, 162, 170-of
194-6-cites authorities 127-his argument 192-justice of the peace 61, 93—of sheriff 91-for ad-
204 exordium 192-conduct of the trial 192-H.
of R. bound to impeach 192-law of imp. as in
England 193-our ct. analagous to the English
193-rules of ev. as in other cts. 193-nature of
offences do. 193-public officers only impeachable
193-for what offences 194-allegation to be for-
mal and substantial 194--nature of the Common
Law 194-form and substance depend on usage of
et. 194-art. of imp. a kind of indictment 195-
they may be general 195--so ans. and replication
195-imp. does not preclude indictment 195-ho
demurrer-195-motions in arrest, &c. sustained
195-process of quo warranto 195-information for
intrusion 196-general allegation a prerogative
196-powers and duties of prob. judge 196-im-
plied contract 196-bound to do certain acts gratis
196-obligation of his oath 196-objects to admis-
sion of Biglow's testimony 197-waves his objec-
tion 197-on statutes respecting judge of probate
197-8-definition of acuon 198-error of judg
ment 193-compensation for services not provided
for 199, 202-expense of special cts 199-fees
taken in judicial and ministerial capacity 200-
subtilties of R's defence 200-dangerous practice
of judge allowing his own fees as counsel 201-
art. 15th 201-art. 3d 202-art. 12th 202 3-Ware's
credibility 202-agreement of Ware's and Grout's
ev 202-art 12th proved without Ware's ev. 203
-nature of misconduct charged in same 203-
Macclesfield's case 203, 205-legal ability of R.
no excuse 204-Lord Bacon's case 204-conclu-
sion of his argument 204
Dwight, Jonathan Jr. on motion that galleries
be cleared 12-moves for judgment 209
Evidence, on part of M. 30-55-on part of R.
55-79, 86, 197-on 1st art. 30-5, 55, 68, 69-2d
art. 35-7, 55-3d art. 37-9-4th 39-40-5th 40-1—
6th 41 3, 61-3-7th 44, 46-8-do. with others 63-5
-8th 48,71-10th 49-11th 49-12th 50, 66-8-
13th 51-2-14th 52-3-15th 53-5-J. Adams'
65-N. Adams' 65-Baldwin's 63-5--Barrett's
65-Bartlett's 51, 65-Biglow's 197--Butter-
field's 39-40-Buttrick's 56-Champney's 61-3
--Crosby's 48, 71-Dix's 37-9--Fiske's 33,
36, 39, 40, 41, 49, 51, 55, 68, 69-Grout's 66-7—
Heard's 57-Loring's 41-2-M'Intosh's 67-Par-
ker's 35-6-Prescott's 78-9, 86-Stevens' 40-1,
Form, of proclamation 7-witness' oath 10-
summoners' do 10, 11-senator's do. 10-clerk's
do. 10-subpoenas 10, 14-direction of do. 10-
summons 10-precept 11-how far essential to
art. 90, 194 how far ct. shall determine what is
194 of 12th art. narrative 172-of putting the
question guilty or not guilty 206-of sentence 209.
Governor, com. to inform of imp. 6-report of
same 7-to be informed of R's conviction, &c.
210
Gray, Francis C. on com. to inform Gov. 6-
elected M. 211-appears as M. 61-examines wit-
nesses 63, 65, 78, 197
Gray, William, sworn, but absent during the tri-
al 207
Greenleaf, William, account of his imp. 212
Grout, Nathan, question as to admitting his dep
osition 24-5-his deposition 66—v. Article 12th.
Guardian v. Advice.
Heard, John, exam. 57-question on admitting
his ev. 57
Hoar, Samuel, Jr. appears as counsel 11, 15-
moves continuance 11-supports the motion 11–
on assignment of day 13-reads affidavit 14-on
admitting ev. of facts not alleged 44-do. oral ev.
of matter of record 52-do. ev. of usage 58, 77-
do. ev. of Ware's quarrel with R. 67-introduces
R's ev. 55-on what are legal fees 59-reads deeds
in ev. 63-reads Grout's deposition 66-reads
statement of fees 69-examines witnesses 31 et
seq-his general argument 87-102 -on the public
excitement 87-construction to be given to acts of
R 88-sufficiency of art. 88, 90, 93, 95-fees in
cases not provided for 90-4- facts proved in art.
2d 94-do. 4th 95-do. 5th 95-do. 6th 95-6-do.
7th 96-do. 8th 97-do. 10th 98-do. 11th 98-do.
12th 99-101-do. 14th 101-do. 15th 101-on
Judge's acting as counsel 97, 98-99
House of Representatives, appoint com. of in-
quiry on fee bill 5-do. on Woods' pet. 5-do. of
imp 6-do. to prepare art. 6-do. to inform Gov.
6-accept report of com. on Wood's pet. 6-re-
solve to impeach 6-appoint com. to impeach,
&c. 6-impeach and demand appearance 6-ac-
cept report of art. 11-order seven copies for M.
7-choose M.11-order exhibition of art. 11-no-
tified that ct. is organizing 11-enter the S. cham-
ber 11-grant leave to a member to become coun-
sel for R. 15-accept replication 40-to be receiv-
ed into the S. chamber 10-attend the trial 11 et
pissim-powers and duties of 27, 105, 107, 109-
conduct of 180, 192-bound to impeach 192-de-
mand judgment 207-resolve to demand judgment
210-attend the judgment 207-9-to be furnished
with report of the trial 210-v. Clerk. Speaker.
Howard, on com. of inquiry 5-do. on Woods'
pet. 5
Hoyt, moves thanks to M. 210
Hubbard, Samuel, obtains leave of H. of R. to
act as counsel 15-appears as counsel 15-exam-
ines witness 32
Hunt, William, account of his imp. 214
Impeachment, 6-pet. for 5-com. of 6-resolves
as to 6-ct. of 11-motions for continuance of 12,
13, 14-times assigned for trial 14-motives of
26, 105, 179-rules for trial of 6-7, 10-11-art. of
7-10-ans. to art. 15-24--nature of, in England
110-14, 182-do. in Mass. 114-25, 182, 193-gen-
eral nature of 46, 111, 163-4, 180, 193-sufficient
causes of 181-2-its analogy to indictment 195-
who liable to, and for what 193-does not pre-
clude indictment 195-whether justice of peace
liable to, for taking fees not provided for 91-do.
as to sheriff 91-lies where indictment does not
79-few precedents of 103-regulated by consti-
tution 103-former cases of in Mass. 104, 126,
212-of R. to be a precedent 104-only for breach
of known law 106, 113, 121-R's conviction upon
206-7-judgment and sentence of do. 209-v. Ar-
Court.
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Judge, office of, in general 155-6—v. Justice.
Probate.
Judgment, motion in arrest of, may be sustained
75, 195-nature of, in imp. 121-on the art. de-
manded against R. 207-motion in arrest of, de-
clined 208-9--motion for 203-9--pronounced against
R. 209
Judiciary, remarks on 106 et. seq. 155-6
Juries, grand and traverse 108
Jurisdiction, v. Court. Probute
Justice of the peace, whether impeachable for
taking extra fees 92-fees allowed to, for extra
service 93
Of the Quorum, fees taken by, not provided for 93
Of the Sup. Jud. Court, whether impeachable for
wrong opinions 60, 76-impeachable for refusing
to give opinions 118
Kendall, Jonas, v. Article 9th
King, John, on com. of inquiry 5-do. on
Woods' pet. 5-do. to impeach 6-do. to prepare
art. 6-reports imp. 6-reports art. 7-elected
M. 11-appears as chairman of M. 7-exhibits
art. 7-on the assignment of day 12, 13-reports
exhibition of art. 12-moves to amend art. 13-in-
quires respecting subpoenas 14-moves amend-
ment of rule 14-moves that R file ans. 15-ex-
amines witnesses 32, 197-reports ans, of R. 40-
reads replication of M. 40-presents replication
25-opens the prosecution 26-30-on motives, of
the imp. 26-on the ct. 26-the accusers 27-the
office of R. 27-offences charged 27-R's ans.
27-9-excessive fees 28-special cts. 28-giving
counsel 29-objects to question of usage 60-in-
forms S. that H. of R. would demand judgment
207-demands judgment 297-reports conviction
of R. 210
Kuhn, Jacob, v. Crier. Messenger.
Lakin, Nathaniel, v Article 1st
Lawrence, on com. of inquiry 5-do. on Woods'
pet. 5
Legislature, business of, suspended 10-whether
ct. of imp. may sit during the recess of 14
Leland, Sherman, elected M 11-appears as
M.7-examines witnesses 36, 42, 65, 68-states
the law 70-his argument 80-6-on illegal cts. 80-
2-fees 82-5-refusing items 83-comments on
ev, on each art. 82-6
Lieutenant Governor, attends the trial 11
Lincoln, Levi, on com. to impeach 6-do. to
prepare art. 6-do. to inform Gov. 6-reports
thereon 7-elected M. 11-appears as M. 7-ab-
sent 11, 15-his place supplied 25-resigns as M.
210
Locke, Josiah, v. Article 11th
Longley, Thomas, sworn, but absent during the
trial 207
Loring, Jonathan, exam. 41. Article 6th,
Lyman, Jonathan H. on com. of imp. 6-do.
rules 6-do. on sitting of ct. during recess of leg-
isature 14-on question of continuance 14-moves
for judgment 208-do. to adjourn without day 209
M'Cleary, Samuel F.sworn as clerk 11-v. Clerk
M'IntoshRoyal, exam. 67
Maladministration, v. Ofice.
Managers, admitted to S. chamber 7, 25, 61-
exhibit art. 7-to have subpoenas 10-elected 11-
ordered to exhibit art. 11-report exhibition of
same 12-decline opposing motion for continuance
12-decline speaking on assignment of day 13-
present their replication 25-replication of 25-
opening of 26-ev. on part of 30-55-refuse to
accept admission of art. 15th 53-offer new ev.
on the same 53-pray judgment as to admitting ev.
on the same 63-concede as to general practice
of R. 66-object to ev. of conversation between
R. and witness 86-mistakes in their arguments to
be corrected 192, 204-arguments of 26-30, 80-86,
178-192, 192-201-not instructed to demand judg
ment 207-report conviction of R. 210-authoriz-
ed to demand judgment 207, 210-demand judg-
ment 207-vote of thanks to 210
Message, rule respecting 10-from S. to H. of R.
and from H. of R. to S. 11 et passim-to Gov. 6,
Messenger, made crier of the ct. 7-sworn to
return of summons 10-sworn 11
Misconduct, v Office
Motion, to be addressed to president 10--to be
to writing, if required 10--to be decided upon
without debate 10-to prohibit the publication of
art. 12--that the galleries be cleared 12-to amend
art. 13-for continuance 12, 13, 14-affidavit re-
quired for same 13-respecting subpoenas 14-that
R. file his ans. 15-in arrest of judgment may be
sustained 195-in mitigation of sentence do. 195-
in arrest or mitigation declined 207-9-that judg
ment be pronounced 208, 209, of thanks to M. 210
Myrick, George,present at the judgment, but not
sworn 207
Newcomb, Horatio G. elected M. 211-appears
as M. 25-examines witness 79
Notice, to parties at special prob. cts. 168
Oath, of witness 10---of returning officer 10---
of president 11---administered by clerk 10, 11-of
senator 11--administered by president 10, 11,15--of
judge of prob. 196-of senator, commented on 88
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