Ebenezer Rockwood Hoar: a memoir

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Houghton Mifflin company, 1911 - Lawyers - 355 pages
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Page 226 - Alabama Claims :" And whereas Her Britannic Majesty has authorized her High Commissioners and Plenipotentiaries to express, in a friendly spirit, the regret felt by Her Majesty's Government for the escape, under whatever circumstances, of the Alabama and other vessels from British ports, and for the depredations committed by those vessels...
Page 91 - In the present case, the burden of proof is upon the commonwealth to establish every part of it, beyond a reasonable doubt ; and if, in any part of it, you are left in doubt, the defendant is entitled to the benefit of the doubt, and must be acquitted. But, in conferring together, you ought to pay proper respect to each other's opinions, and listen, with a disposition to be convinced, to each other's arguments. And, on the one hand, if much the larger number of your panel are for a conviction, a...
Page 90 - These instructions were quite lengthy and were, in substance, that in a large proportion of cases absolute certainty could not be expected; that although the verdict must be the verdict of each individual juror, and not a mere acquiescence in the conclusion of his fellows...
Page 335 - Such as did bear rule in their kingdoms, men renowned for their power, giving counsel by their understanding. Leaders of the people by their counsels, and by their knowledge of learning meet tor the people, wise and eloquent in their instructions.
Page 222 - What he desired to accomplish was, not to extort from England a large sum of money, but to put our grievance in the strongest light; to convince England of the great wrong she had inflicted upon us, and thus to prepare a composition, which, consisting more in the settlement of great principles and rules of international law to govern the future intercourse of nations, than in the payment of large damages, would remove all questions of difference, and serve to restore and confirm a friendship which...
Page 311 - Much the best society I have ever known is a club in Concord called the Social Circle, consisting always of twenty-five of our citizens, doctor, lawyer, farmer, trader, miller, mechanic, etc., solidest of men, who yield the solidest of gossip. Harvard University is a wafer compared to the solid land which my friends represent. I do not like to be absent from home on Tuesday evenings in winter.
Page 90 - Although the verdict to which a juror agrees must of course be his own verdict, the result of his own convictions, and not a mere acquiescence in the conclusion of his fellows, yet, in order to bring twelve minds to a unanimous result, 'you must examine the questions submitted to you with candor, and with a proper regard and deference to the opinions of each other. You should consider that the case must at some time be decided ; that you are selected in the same manner, and from the same source,...
Page 90 - ... that in a large proportion of cases absolute certainty could not be expected ; that although the verdict must be the verdict of each individual juror, and not a mere acquiescence in the conclusion of his fellows, yet they should examine the question submitted with candor and with a proper regard and deference to the opinions of each other...
Page 52 - That the Whigs of Massachusetts will support no men for the offices of President and Vice-President but such as are known by their acts or declared opinions to be opposed to the extension of Slavery.
Page 91 - ... dissenting juror should consider whether his doubt was a reasonable one which made no impression upon the minds of so many men, equally honest, equally intelligent with himself.

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