Proceedings in the Trial of the Case of the United States Vs. John W. Dorsey, John R. Miner, John M. Peck, Stephen W. Dorsey, Harvey M. Vaile, Montfort C. Rerdell, Thomas J. Brady, and William H. Turner: For Conspiracy ...U.S. Government Printing Office, 1882 |
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Accepted March 15 admissible admitted amount annum arrive Baker City bids BLISS Brady Brady's Canyon City carrying the mail clerk confession conspiracy conspirators contract contractor counsel COURT cross-examination dated declarations deductions defendants drafts Eugene City evidence expedition fact H. M. Vaile handwriting HENKLE HINE honor indictment indorsed INGERSOLL Interposing J. W. Dorsey jacket John John W July jury letter matter MCSWEENY MERRICK miles and back Mineral Park o'clock object offer once a week Oregon overt act p. m. Leave paper last read paper marked parties petition Pioche Post-Office Department Postmaster Prineville proof purpose quarter question read was marked received recollect reference Rerdell's revenue Second Assistant Postmaster-General signature signed statement subcontractor Submitting another paper suppose testimony that?-A tion TOTTEN trips per week Tuesday and Friday twice a week Walsh warrant WILSON Woodward
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1699. lappuse - And во on in cases of conspiracy, riot, or other crime perpetrated by several persons, when once the conspiracy or combination is established, the act or declaration of one conspirator or accomplice, In the prosecution of the enterprise, is considered the act of all, and is evidence against all. Each Is deemed to assent to or command what Is done by any other in furtherance of the common object.
1623. lappuse - So, with regard -to acts done, the words with which those acts are accompanied frequently tend to determine their quality. The party, therefore, to be bound by the act, must be affected by the words. But, except in one or the other of those ways, I do not know how what is said by an agent can be evidence against his principal. The mere assertion of a fact cannot amount to proof of it, though it may have some relation to the business in which the person making that assertion was employed as agent.
1665. lappuse - The affairs of men consist of a complication of circumstances so intimately interwoven as to be hardly separable from each other. Each owes its birth to some preceding circumstance, and, in its turn, becomes the prolific parent of others ; and each, during its existence, has its inseparable attributes, and its kindred facts, materially affecting its character ; and essential to be known in order to a right understanding of its nature.
1657. lappuse - In the United States the prisoner's confession, when the corpus delicti is not otherwise proved, has been held insufficient for his conviction ; and this opinion certainly best accords with the humanity of the criminal code, and with the great degree of caution applied in receiving and weighing the evidence of confessions in other cases, and it seems countenanced by approved writers on this branch of the law.
1623. lappuse - An agent may undoubtedly, within the scope of his authority, bind his principal by his agreement, and in many cases by his acts. What the agent has said may be what constitutes the agreement of the principal ; or the representations or statements...
1647. lappuse - ... was said by his client in the same conversation ; not only so much as may explain or qualify the matter introduced by the previous examination, but even matter not properly connected with the part introduced upon the previous examination : provided only that it relate to the subject-matter of the suit ; because it would not be just to take part of a conversation as evidence against a party, without giving to the party, at the same time, the benefit of the entire residue of what (г) 2 В.
1623. lappuse - In the case of a contract, if the agent, at the time of making the contract, makes any representation, declaration or admission, whether true or false, touching the matter of the contract, it is treated as the representation, declaration or admission of the principal himself.
1679. lappuse - Any one who, after a conspiracy is formed, and who knows of its existence, joins therein, becomes as much a party thereto, from that time, as if he had originally conspired.
1441. lappuse - Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within three years next after such offense shall have been committed.
1623. lappuse - where the acts of the agent will bind the principal, there his representations, declarations, and admissions respecting the subject-matter will also bind him, if made at the same time and constituting part of the res gestce.