Ebenezer Rockwood Hoar: A Memoir

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Houghton Mifflin, 1911 - Lawyers - 355 pages
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Page 91 - And on the one hand, if much the larger number of your panel are for a conviction, a dissenting juror should consider whether a doubt in his own mind is a reasonable one, which makes no impression upon the minds of so many men, equally honest, equally intelligent with himself...
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 dissenting...
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 know, ledge of learning meet for the people, wise and eloquent in their instructions. Such as found out musical tunes, and recited verses in writing : rich men furnished wilh .•ibility, living peaceably in their habitations.
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 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 91 - ... and who have heard the same evidence, with the same attention, with an equal desire to arrive at the truth, and under the sanction of the same oath.
Page 2 - England, by his death in 1638, left me a widow with six children. We were of the people called by their revilers Puritans, to whom civil liberty, sound learning, and religion were very dear. The times were troublous in England, and the hands of princes and prelates were heavy upon God's people. My thoughts were turned to the new England where precious Mr. John Harvard had just lighted that little candle which has since thrown its beams so far, where there seemed a providential refuge for those who...
Page 90 - ... more intelligent, more impartial or more competent to decide it, or that more or clearer evidence will be produced on one side or the other. And with this in view, it is your duty to decide the case if you can conscientiously do so.
Page 91 - And, on the other hand, if a majority are for acquittal, the minority ought seriously to ask themselves, whether they may not reasonably, and ought not to doubt the correctness of a judgment, which is not concurred in by most of those with whom they are associated ; and distrust the weight or sufficiency of that evidence which fails to carry conviction to the minds of their fellows.

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