OpenLLM-France/wikimedia huggingface dataset:
# Moon v. Maryland/Opinion of the Court

* Court Documents
* Case Syllabus
* Per Curiam Opinion of the Court
* Concurring Opinion Black
* Dissenting Opinion Douglas
United States Supreme Court
398 U.S. 319
Moon v. Maryland
Argued: April 22, 1970. --- Decided: June 8, 1970
'When at the behest of the defendant a criminal conviction has been set aside and a new trial ordered, to what extent does the Constitution limit the imposition of a harsher sentence after conviction upon retrial?' This was the question the Court dealt with last Term in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656. We held in that case that there exists no absolute constitutional bar to the imposition of a harsher sentence upon retrial, but that due process 'requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives after a new trial.' Id., at 725, 89 S.Ct. at 2080. 'In order to assure the absence of such a motivation,' we held that 'whenever a judge imposes a more severe sentence upon a defendant after a new trial, the reasons for his doing so must affirmatively appear. Those reasons must be based upon objective information concerning identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding.' Id., at 726, 89 S.Ct. at 2081. The Pearce case was decided on June 23, 1969.
In the present case the petitioner was found guilty of armed robbery by a Maryland jury and sentenced by the trial judge to 12 years' imprisonment. The conviction was set aside on appeal by the Maryland Court of Appeals. At a second trial for the same offense in 1966 the petitioner was again convicted, and this time the trial judge imposed a sentence of 20 years' imprisonment, less full credit for time served under the original sentence. This second conviction was affirmed on appeal. 250 Md. 468, 243 A.2d 564. We granted certiorari, 395 U.S. 975, 89 S.Ct. 2135, 23 L.Ed.2d 764, requesting counsel to brief and argue the question of the retroactivity of North Carolina v. Pearce, supra.
The facts that have emerged since the grant of certiorari impel us to dismiss the writ as improvidently granted. As an appendix to its brief, the respondent has filed an affidavit of the judge who presided at the second trial, setting out in detail the reasons he imposed the 20-year prison sentence. Those reasons clearly include 'objective information concerning identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding.' But the dispositive development is that counsel for the petitioner has now made clear that there is no claim in this case that the due process standard of Pearce was violated. As counsel forthrightly stated in the course of oral argument, 'I have never contended that Judge Pugh was vindictive.'
Accordingly, the writ is dismissed as improvidently granted.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Moondyne

Moondyne is an 1879 novel by John Boyle O'Reilly, which was made into a film of the same name in 1913. It is very loosely based on the life of the Western Australian convict escapee and bushranger Moondyne Joe.
    Warning: template has been deprecated.
MOONDYNE: AN AUSTRALIAN TALE

## Contents
### The Gold Mine of the Vasse

* The Land of the Red Line
* The Convict Road Party
* Number 406
* Bond and Free
* The Koagulup Swamp
* The Bribe
* The Iron-Stone Mountains
* The King of the Vasse
* A Dark Night and Day
* On the Trail

### The Sandalwood Trade

* The Mate of the Canton
* Counternining the Miner
* The Sandalwood Agency
* The Teamsters' Tavern
* In Search of His Sorrow
* The Door of the Cell
* Millbank
* Sir Joshua Hobb's Convict Mill
* Mr. Wyville
* The Upas Tree

### Alice Walmsley

* Miserere!
* A Flower in the Cell
* Following a Dark Spirit
* Mr. Hagget
* Two Heads Against One
* Female Transports
* After Nine Years

### The Convict Ship

* The Parliamentary Committee
* Harriet Draper
* A Captain for the Houguemont
* Captain Samuel Draper
* Koro and Tapairu
* The Child's Grave
* The Sailing of the Houguemont
* Face to Face
* How a Prisoner Might Break a Bar
* Dead Sea Fruit
* The Fever
* Husband and Wife
* Woman's Love and Hatred
* The Darkness of Desolation
* The New Penal Law
* A Prisoner at Large

### The Valley of the Vasse

* Alice Walmsley's New Home‎
* Sooner or Later, a Man Must Face His Sins‎
* Walking in the Shadow‎
* The Meeting‎
* Mr. Wyville Faces a Storm‎
* The Valley of the Vasse‎
* The Convict's Pass‎
* The Bush Fire‎
This work was published before January 1, 1929, and is in the public domain worldwide because the author died at least 100 years ago.
Public domainPublic domainfalsefalse
# Moon v. Maryland/Dissent Douglas

* Court Documents
* Case Syllabus
* Per Curiam Opinion of the Court
* Concurring Opinion Black
* Dissenting Opinion Douglas
United States Supreme Court
398 U.S. 319
Moon v. Maryland
Argued: April 22, 1970. --- Decided: June 8, 1970
Mr. Justice DOUGLAS, dissenting.
Petitioner was first convicted of armed robbery in 1964 and received a 12-year sentence. On appeal the judgment was reversed. He was tried again in 1966 for armed robbery, again convicted, and this time received a sentence of 20 years. Under Md.Ann.Code, Art. 27, § 488 (1967 Repl. Vol.), the maximum punishment possible was 20 years. As I stated in my separate opinion in North Carolina v. Pearce, 395 U.S. 711, 726, 727, 89 S.Ct. 2089: 'He (the defendant) risks the maximum permissible punishment when first tried. That risk having been faced once need not be faced again.' That is the respect I think is due the constitutional guarantee against double jeopardy.
I would reverse the judgment below.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# National Lyrics, and Songs for Music/Songs of Captivity

SONGS OF CAPTIVITY.
These songs (with the exception of the fifth) have all been set to music by the author's sister, and are in the possession of Mr. Willis, by whose permission they are here published.
# National Lyrics, and Songs for Music/The Burial of William the Conqueror

THE
BURIAL OF WILLIAM THE CONQUEROR,
AT CAEN, IN NORMANDY.—1087.
"At the day appointed for the king's interment, Prince Henry, his third son, the Norman prelates, and a multitude of clergy and people, assembled in the Church of St. Stephen, which the Conqueror had founded. The mass had been performed, the corse was placed on the bier, and the Bishop of Evreux had pronounced the panegyric on the deceased, when a voice from the crowd exclaimed,—'He whom you have praised was a robber. The very land on which you stand is mine. By violence he took it from my father; and, in the name of God, I forbid you to bury him in it.' The speaker was Asceline Fitz Arthur, who had often, but fruitlessly, sought reparation from the justice of William. After some debate, the prelates called him to them, paid him sixty shillings for the grave, and promised that he should receive the full value of his land. The ceremony was then continued, and the body of the king deposited in a coffin of stone." Lingard, Vol. II. p. 98.
THE
BURIAL OF WILLIAM THE CONQUEROR,
AT CAEN, IN NORMANDY.— 1087.
Lowly upon his bier  The royal Conqueror lay; Baron and chief stood near,  Silent in war-array.
Down the long minster's aisle  Crowds mutely gazing streamed, Altar and tomb the while  Through mists of incense gleamed.
And by the torches' blaze  The stately priest had said High words of power and praise  To the glory of the dead.
They lowered him, with the sound  Of requiems, to repose; When from the throngs around  A solemn voice arose:—
"Forbear! forbear!" it cried,  "In the holiest name forbear! He hath conquered regions wide,  But he shall not slumber there!
"By the violated hearth  Which made way for yon proud shrine; By the harvests which this earth  Hath borne for me and mine;
"By the house e'en here o'erthrown,  On my brethren's native spot; Hence! with his dark renown,  Cumber our birth-place not!
"Will my sire's unransomed field,  O'er which your censers wave, To the buried spoiler yield  Soft slumbers in the grave?
"The tree before him fell,  Which we cherished many a year, But its deep root yet shall swell,  And heave against his bier.
"The land that I have tilled  Hath yet its brooding breast With my home's white ashes filled,  And it shall not give him rest!
"Each pillar's massy bed  Hath been wet by weeping eyes— Away! bestow your dead  Where no wrong against him cries."
—Shame glowed on each dark face  Of those proud and steel-girt men, And they bought with gold a place  For their leader's dust e'en then.
A little earth for him  Whose banner flew so far! And a peasant's tale could dim  The name, a nation's star!
One deep voice thus arose  From a heart which wrongs had riven, Oh! who shall number those  That were but heard in heaven?
# National Lyrics, and Songs for Music/The Call to Battle

THE CALL TO BATTLE.
Ah! then and there was harrying to and fro, And gathering tears, and tremblings of distress, And there were sudden partings, such as press The life from out young hearts, and choking sighs Which ne'er might be repeated. Byron.
The vesper-bell, from church and tower,  Had sent its dying sound; And the household, in the hush of eve,  Were met, their porch around.
A voice rang through the olive-wood, with a sudden trumpet's power— "We rise on all our hills! come forth! 'tis thy country's gathering hour—
There's a gleam of spears by every stream, in each old battle-dell— Come forth, young Juan! bid thy home a brief and proud farewell!"
Then the father gave his son the sword,  Which a hundred fights had seen— "Away! and bear it back, my boy!  All that it still hath been!
"Haste, haste! the hunters of the foe are up, and who shall stand The lion-like awakening of the roused indignant land? Our chase shall sound through each defile where swept the clarion's blast, With the flying footsteps of the Moor in stormy ages past."
Then the mother kiss'd her son, with tears  That o'er his dark locks fell: "I bless, I bless thee o'er and o'er,  Yet I stay thee not—Farewell!"
"One moment! but one moment give to parting thought or word! It is no time for woman's tears when manhood’s heart is stirred. Bear but the memory of thy love about thee in the fight, To breathe upon th' avenging sword a spell of keener might."
And a maiden's fond adieu was heard,  Though deep, yet brief and low: "In the vigil, in the conflict, love!  My prayer shall with thee go!"
"Come forth! come as the torrent comes when the winter's chain is burst! So rushes on the land's revenge, in night and silence nursed— The night is past, the silence o'er—on all our hills we rise— We wait thee, youth! sleep, dream no more! the voice of battle cries."
There were sad hearts in a darken'd home,  When the brave had left their bower; But the strength of prayer and sacrifice  Was with them in that hour.
# National Lyrics, and Songs for Music/The Alpine Horn

II.
THE ALPINE HORN.
The Alpine horn! the Alpine horn!  Oh! through my native sky, Might I but hear its deep notes borne,  Once more,—but once,—and die!
Yet, no! midst breezy hills thy breath,  So full of hope and morn, Would win me from the bed of death—  O joyous Alpine horn!
But here the echo of that blast,  To many a battle known, Seems mournfully to wander past,  A wild, shrill, wailing tone!
Haunt me no more! for slavery's air  Thy proud notes were not born; The dream but deepens my despair—  Be hushed, thou Alpine horn!
# National Lyrics, and Songs for Music/The Child's return from the Woodlands

THE CHILD'S RETURN FROM THE WOODLANDS.
All good and guiltless as thou art, Some transient griefs will touch thy heart— Griefs that along thy altered face Will breathe a more subduing grace, Than even those looks of joy that lie On the soft cheek of infancy. Wilson.
Hast thou been in the woods with the honey-bee? Hast thou been with the lamb in the pastures free? With the hare thro' the copses and dingles wild? With the butterfly over the heath, fair child? Yes: the light fall of thy bounding feet Hath not startled the wren from her mossy seat; Yet hast thou ranged the green forest-dells And brought back a treasure of buds and bells.
Thou know'st not the sweetness, by antique song Breathed o'er the names of that flowery throng; The woodbine, the primrose, the violet dim, The lily that gleams by the fountain's brim; These are old words, that have made each grove A dreaming haunt for romance and love; Each sunny bank, where faint odours lie, A place for the gushings of poesy.
Thou know'st not the light wherewith fairy lore Sprinkles the turf and the daisies o'er; Enough for thee are the dews that sleep, Like hidden gems, in the flower-urns deep; Enough the rich crimson spots that dwell Midst the gold of the cowslip's perfumed cell; And the scent, by the blossoming sweet-briars shed, And the beauty that bows the wood-hyacinth's head.
Oh! happy child, in thy fawn-like glee! What is remembrance or thought to thee?
Fill thy bright locks with those gifts of spring, O'er thy green pathway their colours fling; Bind them in chaplet and wild festoon— What if to droop and to perish soon? Nature hath mines of such wealth—and thou Never wilt prize its delights as now!
For a day is coming to quell the tone That rings in thy laughter, thou joyous one! And to dim thy brow with a touch of care, Under the gloss of its clustering hair; And to tame the flash of thy cloudless eyes Into the stillness of autumn skies; And to teach thee that grief hath her needful part, Midst the hidden things of each human heart.
Yet shall we mourn, gentle child! for this? Life hath enough of yet holier bliss! Such be thy portion!—the bliss to look, With a reverent spirit, through nature's book;
By fount, by forest, by river's line, To track the paths of a love divine; To read its deep meanings—to see and hear God in earth's garden—and not to fear!
# National Lyrics, and Songs for Music/The Brother's Dirge

I.
THE BROTHER'S DIRGE.
In the proud old fanes of England  My warrior fathers lie, Banners hang drooping o'er their dust  With gorgeous blazonry.
But thou, but thou, my brother!  O'er thee dark billows sweep, The best and bravest heart of all  Is shrouded by the deep.
In the old high wars of England  My noble fathers bled; For her lion kings of lance and spear,  They went down to the dead.
But thou, but thou, my brother!  Thy life-drops flowed for me— Would I were with thee in thy rest,  Young sleeper of the sea.
In a sheltered home of England  Our sister dwells alone, With quick heart listening for the sound  Of footsteps that are gone.
She little dreams, my brother!  Of the wild fate we have found; I, midst the Afric sands a slave,  Thou, by the dark seas bound.
# National Lyrics, and Songs for Music/The Curfew Song of England

THE CURFEW-SONG OF ENGLAND.
Hark! from the dim church-tower,  The deep slow curfew's chime! —A heavy sound unto hall and bower,  In England's olden time! Sadly 'twas heard by him who came  From the fields of his toil at night, And who might not see his own hearth-flame  In his children's eyes make light.
Sternly and sadly heard,  As it quench'd the wood-fire's glow, Which had cheered the board with the mirthful word,  And the red wine's foaming flow!
Until that sullen boding knell  Flung out from every fane, On harp and lip, and spirit, fell,  With a weight and with a chain.
Woe for the pilgrim then,  In the wild deer's forest far! No cottage-lamp, to the haunts of men,  Might guide him, as a star. And woe for him whose wakeful soul,  With lone aspirings fill'd, Would have liv'd o'er some immortal scroll,  While the sounds of earth were still'd!
And yet a deeper woe  For the watcher by the bed, Where the fondly lov'd in pain lay low,  In pain and sleepless dread!
For the mother, doom'd unseen to keep  By the dying babe, her place, And to feel its flitting pulse, and weep,  Yet not behold its face!
Darkness in chieftain's hall!  Darkness in peasant's cot! While freedom, under that shadowy pall,  Sat mourning o'er her lot. Oh! the fireside's peace we well may prize!  For blood hath flow'd like rain, Pour'd forth to make sweet sanctuaries  Of England's homes again.
Heap the yule-faggots high,  Till the red light fills the room! It is home's own hour when the stormy sky  Grows thick with evening-gloom.
Gather ye round the holy hearth,  And by its gladdening blaze, Unto thankful bliss we will change our mirth,  With a thought of the olden days!
# National Lyrics, and Songs for Music/Spanish Evening Hymn

V.
SPANISH EVENING HYMN.
Ave! now let prayer and music  Meet in love on earth and sea! Now, sweet Mother! may the weary  Turn from this cold world to thee!
From the wide and restless waters  Hear the sailor's hymn arise! From his watch-fire midst the mountains,  Lo! to thee the shepherd cries!
Yet, when thus full hearts find voices,  If o'erburden'd souls there be, Dark and silent in their anguish,  Aid those captives! set them free!
Touch them, every fount unsealing,  Where the frozen tears lie deep; Thou, the Mother of all Sorrows,  Aid, oh! aid to pray and weep!
# National Lyrics, and Songs for Music/The Bird at Sea

THE BIRD AT SEA.
Bird of the greenwood!  Oh! why art thou here? Leaves dance not o'er thee,  Flowers bloom not near. All the sweet waters  Far hence are at play—  Bird of the greenwood!  Away, away!
Where the mast quivers,  Thy place will not be, As midst the waving  Of wild rose and tree.
How should'st thou battle  With storm and with spray? Bird of the greenwood!  Away, away!
Or art thou seeking  Some brighter land, Where by the south-wind  Vine leaves are fanned? Midst the wild billows  Why then delay? Bird of the greenwood!  Away, away!
"Chide not my lingering
 Where storms are dark; A hand that hath nursed me  Is in the bark;
A heart that hath cherished  Through winter's long day, So I turn from the greenwood,  Away, away!"
# National Lyrics, and Songs for Music/The Brigand Leader and his Wife

THE BRIGAND LEADER AND HIS WIFE.
SUGGESTED BY A PICTURE OF EASTLAKE'S.
Dark chieftain of the heath and height! Wild feaster on the hills by night! Seest thou the stormy sunset's glow Flung back by glancing spears below? Now for one strife of stern despair! The foe hath tracked thee to thy lair.
Thou, against whom the voice of blood Hath risen from rock and lonely wood; And in whose dreams a moan should be, Not of the water, nor the tree; Haply thine own last hour is nigh,— Yet shalt thou not forsaken die.
There's one that pale beside thee stands, More true than all thy mountain bands! She will not shrink in doubt and dread, When the balls whistle round thy head: Nor leave thee, though thy closing eye No longer may to her's reply.
Oh! many a soft and quiet grace Hath faded from her form and face; And many a thought, the fitting guest Of woman's meek religious breast, Hath perished in her wanderings wide, Through the deep forests by thy side.
Yet, mournfully surviving all, A flower upon a ruin's wall, A friendless thing whose lot is cast, Of lovely ones to be the last; Sad, but unchanged through good and ill, Thine is her lone devotion still.
And oh! not wholly lost the heart Where that undying love hath part; Not worthless all, though far and long From home estranged, and guided wrong; Yet may its depths by heaven be stirred, Its prayer for thee be poured and heard!
# Nicene and Post-Nicene Fathers: Series II/Volume III/Lives of Illustrious Men/Jerome/Papias the bishop

Chapter XVIII.
Papias, the pupil of John, bishop of Hierapolis in Asia, wrote only five volumes, which he entitled Exposition of the words of our Lord, in which, when he had asserted in his preface that he did not follow various opinions but had the apostles for authority, he said “I considered what Andrew and Peter said, what Philip, what Thomas, what James, what John, what Matthew or any one else among the disciples of our Lord, what also Aristion and the elder John, disciples of the Lord had said, not so much that I have their books to read, as that their living voice is heard until the present day in the authors themselves.” It appears through this catalogue of names that the John who is placed among the disciples is not the same as the elder John whom he places after Aristion in his enumeration. This we say moreover because of the opinion mentioned above, where we record that it is declared by many that the last two epistles of John are the work not of the apostle but of the presbyter.
He is said to have published a Second coming of Our Lord or Millennium. Irenæus and Apollinaris and others who say that after the resurrection the Lord will reign in the flesh with the saints, follow him. Tertullian also in his work On the hope of the faithful, Victorinus of Petau and Lactantius follow this view.

## Footnotes

* ↑ 130 (Salmon).
* ↑ what John A H 25 30 31 a e; omit T Her.
# Nicene and Post-Nicene Fathers: Series II/Volume III/Lives of Illustrious Men/Jerome/Novatianus the heresiarch

Chapter LXX.
Novatianus, presbyter of Rome, attempted to usurp the sacerdotal chair occupied by Cornelius, and established the dogma of the Novatians, or as they are called in Greek, the Cathari, by refusing to receive penitent apostates. Novatus, author ofthis doctrine, was a presbyter of Cyprian. He wrote, On the passover, On the Sabbath, On circumcision, On the priesthood, On prayer,On the food of the Jews, On zeal, On Attalus, and many others, especially, a great volume On the Trinity, a sort of epitome of the work of Tertullian, which many mistakenly ascribe to Cyprian.

## Footnotes

* ↑ Flourished about 250 sq.
* ↑ PrayerA H 25 30 31 21; Ordination e T Her.
# Nicene and Post-Nicene Fathers: Series II/Volume III/Lives of Illustrious Men/Jerome/Pantaenus the philosopher

Chapter XXXVI.
Pantaenus, a philosopher of the stoic school, according to some old Alexandrian custom, where, from the time of Mark the evangelist the ecclesiastics were always doctors, was of so great prudence and erudition both in scripture and secular literature that, on the request of the legates of that nation, he was sent to India by Demetrius bishop of Alexandria, where he found that Bartholomew, one of the twelve apostles, had preached the advent of the Lord Jesus according to the gospel of Matthew, and on his return to Alexandria he brought this with him written in Hebrew characters. Many of his commentaries on Holy Scripture are indeed extant, but his living voice was of still greater benefit to the churches. He taught in the reigns of the emperor Severus and Antoninus surnamed Caracalla.

## Footnotes

* ↑ At Alexandria about 179, died about 216.
* ↑ T reads following the example of and makes a more manageable text.
# Nicene and Post-Nicene Fathers: Series II/Volume III/Lives of Illustrious Men/Jerome/Modestus

Chapter XXXII.
Modestus also in the reign of Marcus Antoninus and Lucius Aurelius Commodus wrote a book Against Marcion which is still extant. Some other compositions pass under his name but are regarded by scholars as spurious.

## Footnotes

* ↑ Flourished 180–190.
# Nicene and Post-Nicene Fathers: Series II/Volume III/Lives of Illustrious Men/Jerome/Musanus

Chapter XXXI.
Musanus, not inconsiderable among those who have written on ecclesiastical doctrine, in the reign of Marcus Antoninus Verus wrote a book to certain brethren who had turned aside from the church to the heresy of the Encratites.

## Footnotes

* ↑ Flourished 204?
# Nicene and Post-Nicene Fathers: Series II/Volume III/Lives of Illustrious Men/Jerome/Optatus the bishop

Chapter CX.
Optatus the African, bishop of Milevis, during the reign of the Emperors Valentinianus and Valens, wrote in behalf of the Catholic party six books against the calumny of the Donatian party, in which he asserts that the crime of the Donatists is falsely charged upon the catholic party.

## Footnotes

* ↑ Flourished about 370.
* ↑ Milevis or Mileum = Milah “a town of Numidia 25 miles north-west of Cirta.” Phillott.