The Speeches of Mr. Jacob Barker and His Counsel, on the Trials for Conspiracy, with Documents Relating Thereto

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William A. Mercein, 1827 - 4 trang
 

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Trang 280 - BENJAMIN MARSHALL, "ROBERT H. BOWNE. " On reading the report of the committee appointed to inquire into the conduct of Jacob Barker — " Resolved, unanimously, That we approve of and accept the said report, and that the same be entered on the book of minutes of the board of directors. " Resolved, unanimously, That the secretary of this company transmit a copy thereof, with these resolutions, and of the resolution appointing the committee, to each of the stockholders of this company, signed by the...
Trang 269 - ... a case, the persons whose seats are now contested could not have been certified to have been elected. " ' Without entering any further, at this time, into the facts disclosed, we are unanimously of opinion, that the by-law, and the proceedings under it at the election, were most illegal and reprehensible. The act of incorporation provides, " "that each stockholder shall be entitled to one vote on each share of the stock of the bank, which he shall have held in his own name at the last fourteen...
Trang 268 - ... manner so peculiar, that we think it proper to except it from the general rule. The application does not rest upon a mere ex parte affidavit. The evidence placed in our hands comes from the defendants themselves, or from a source most favorable to them. We have the sworn answers of the defendants to a bill in chancery, filed in relation to the very election complained of. We have also the answers of the inspectors of that election. Upon a rule to show cause, nothing could be alleged by the defendants...
Trang 160 - Am a clerk for the Northwestern railroad. I have heard and read about the killing of Degan, at the Haymarket, on May 4, last, and have formed an opinion as to the guilt or innocence of the defendants now on trial for that crime. It is evident that the defendants are connected with that affair from their being here.
Trang 267 - Court are bound to exercise a reasonable discretion on the subject ; and this cause comes before 267 us in a manner so peculiar, that we think it proper to except it from the general rule. The application does not rest upon a mere ex parte affidavit. The evidence placed in our hands comes from the defendants themselves, or from a source most favourable to them.
Trang 268 - ... defendants against granting leave to file the information which is not already urged on their part, in the papers presented to the Court. We have looked into the answers, and we find the defendants and the inspectors admitting a state of facts, which not only render it proper to grant leave as applied for, but which seem to us imperiously to require it at our hands. To give time under such circumstances, would be an abuse of the discretion vested in this Court. We will briefly advert to a part...
Trang 267 - State of New- York, moved on Tuesday the eighth instant, for leave to file an information in the nature of a quo warranto against the defendants above named, who claim to be directors of the North-River Bank of the city of New- York. This motion was founded on a bill in Chancery recently filed against the defendants and others, by James DP Ogden, Jacob Barker and others, and on the answers to that bill, and also on an affidavit showing that the relators above named are stockholders in the North-River...
Trang 269 - ... with the fundamental principles of our civil and political institutions, at the pleasure of the inspectors. In this manner, votes upon a great number of shares were entirely disregarded by the inspectors. It is evident, from the answers, that if all the votes received into the hands of the inspectors from persons duly authorized to give such votes, had been estimated by the inspectors, that the result would have been different from that declared by the inspectors ; as, in such a case, the persons...
Trang 196 - I have taken a juror's oath; 1 then considered my mind, as to the case to be tried, like a clean sheet of paper, ready to receive an entire new impression ; but not so with yours. These defendants have a two-fold service to perform ; they have first to remove a very deep impression already made, before there is any room for another — the two cannot exist at the same time — our duty is therefore a very hard one, it is what we sometimes call working double tides.
Trang 182 - OQ the paper, limiting the loan to $1000 per day — which was surely a prudent precaution, as, if the intended object failed, the obligation to loan would cease ; and if the object was obtained, the parties would benefit so much by their collections during the hundred days, that it would compensate them for their great exertions to raise the...

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