Thomas's Massachusetts spy, or, Worcester gazette. [volume] (Worcester, Mass.) 1811-1821, 1821-04-25


.Mr. Hear opened the defence Of the
respondent DIR. John Walton, and VIII
liam Buttrick were sworn, examined,
and cross-examined.
John Heard, Jun. Esq. Register for
Suffolk, was sworn. He was asked to
testify what were the usual Probate
fees charged in Suffolk.
The Managers objected to the inter-
rogatory put to him {; and the Court
(Yeas 8, Nays ~ decreed that the in
terrogatory was improper.
twas then inquired Of the witness,
if he had been long acquainted. with
the usages of Probate Courts The
Managers objected to this question and,
on motion of the Hon. Mr.. Dwight, the,
Court adjourned to their Chamber, and,
after being absent an hour, returned and
decided, IA to 1l,. that the question was
improper. Adjourned to O'Clock to-
morrow.
FRIDAY, APRIL 2O.-The Court was o.
pened at o'clock.
Mr.. Hoar proceeded to call witnesses
in behalf of the defence. Benjamin
Champney, Esq. of New-Hampshire,
Loammi Baldwin, Esq. Josiah Adams, Esq.
Nathan Adams, Esq. Abner Bartlett, Esq.
Nathan Barrett, Esq. and Royal Msln-
tosh, were sworn and examined. Adepo-
sition from Nathan Grant was admitted.
Isaac Fisk and Josiah Crosby were re-
examined.
AFTERNOON.
The Court was. opened at 8 o'clock.
The following motion of the Counsel of
the respondent was in discussion, when
the Court adjourned -
3" That they may be permitted to prove the
existence in the several Probate Courts Of the
Commonwealth, practice of preparing and
executing papers, and doing official acts which
are not particularly enumerated in the fee bill,
and receive fees therefor, and to show the u
sual amount Of such fees.''
Mr.. Shaw, one of the Managers, OPP
posed the motion, at some length, in the
forenoon. Mr.. Dutton, one of the Man
ayers, also opposed, at considerable
length, this afternoon.
Messrs. Webster and Hoar, of the re-
;pondent's Counsel, replied to them, also,
at considerable length, and supported
the motion.
The Yeas and Nays, on the question,
we're as follow -
Yeas.-Hon. Messrs Brooks, Welles, Hun
newell, Lyman, Bigelow, Sullivan, RantouL,
Dooittle, Clark and Thomas-1O.
.Nays.-Hon. Messrs. Varnum, Bartlett, |
Hyde, Gardner, Parker, Dwight, |
Tufts, Reynolds, Allen, Eastman, Whittemore,
Mosely, Ruggles, and Bourne-l5.
So the motion was rejected
The same motion, with the omission
of the words, ssand to show the usual
amount of such fees,n was rejected by
the same vote.
The respondents Counsel then NOV
ed that they may be permitted to prove
that the immediate predecessor Of the
was ia the habit of holding
Probate Courts, on special occasions,
and in the manner in which such Courts
have been holden by the respondent.
This motion was objected to by the
Managers, but was sustained-Ayes Is,
Noes 7.
Oliver Prescott, Esq. was sworn, ex-
amined, and cross-examined, as to the
practice of his father, former Judge
of Probate of MiddIesex.
Mr.. Webster announced that the eyi-
dence, on the part of the defence, was
closed
Mr.. Dutton then, in support of the ar
ticles of Impeachment, cited the seve-
raj laws and authorities which he intend
ed to use, in the close, to prove the mis-
conduct and INSTRUMENTATION charged
in the articles.
Mr.. Leland, one of the Managers, was
commencing recapitulation of the
charges which had been proved, when
The Hon. Mr.. Allen remarked that
the usual hour of adjournment had near
ly arrived, and moved that the Court
adjourn.
Mr.. Leland gave way, and the Court
was adjourned to o'clock, Tomorrow
morning.
SATURDAY, APRIL 2f.-The Hon. Mr..
Myrick appeared in the Senate, and the
Hon. Mr.. Thomas was appointed to in
troduce him to the Supreme Executive,
for the purpose of taking and subscrib-
ing the oath and declaration required by
the Constitution and Laws After which
the honorable gentleman returned and
took his seat.
Court off Lnnench,nenk