Argument in the Railroad Conspiracy Case Entitled the People of Michigan Vs; Abel F. Fitch and Others

Argument in the Railroad Conspiracy Case Entitled the People of Michigan Vs; Abel F. Fitch and Others
Author: James Adams Van Dyke
Publisher: Forgotten Books
Total Pages: 140
Release: 2015-07-26
Genre: Social Science
ISBN: 9781332000166

Excerpt from Argument in the Railroad Conspiracy Case Entitled the People of Michigan Vs; Abel F. Fitch and Others: Tried Before His Honor, Warner Wing, Presiding Judge, of the Circuit Court for the Country of Wayne, at the May Term, 1851 in the City of Detroit All things teach the dread truth that "life is fleeting," and that we should move through its mazy paths of cares and pleasures, with hope and vision fixed on the eternity which lies beyond. In this case, gentlemen, we have each a solemn duty to perform - let us discharge it with a high sense of the responsibility which rests upon us. In the views which I am about submit to you, I will earnestly endeavor to treat this cause with the seriousness its importance demands, and with the candor and fairness due to you and to the Court. While I feel pleased in beholding the laurels which this trial has en twined around other brows, I will seek to gather none for my own, will neither wander into the paths of fancy, nor address myself to those who sit without the jury box. I will remember, however dull it may render me, that my duty confines me to this cause, I will speak only of it, and address myself only to you. I will pass over the case gentleman, as nearly as possible in the same order which has been pursued by the distinguished counsel who last addressed you for the defence. I shall not see or hope to leave the impress of oratorical power upon your imagination, but trust, ere I conclude, to convince your reason, that every point urged by the defence is fallacious, and without foundation in the facts and evidence before you. An objection of a technical character has been interposed by the counsel for the prisoners, which I propose briefly to allude to before his Honor, the Judge. The Court is aware, that at common law, an accessory could only be indicted and tried by one of two ways, viz: with the principal - the jury first passing on the principal's guilt: or secondly, after the conviction or outlawry of the principal - the record of his conviction affording prima facie evidence of his guilt. It being found that this rule of the common Jaw did not operate to the furtherance of justice, but rather to the shielding of guilt, the Act of 7 Geo. 4, C. 64, was passed to remedy the evil. This Act retained the two common law modes of trial of accessories before the fact, and provided a third, viz: as, and for a substantive felony; and this act is substantially and, indeed, almost literally re-enacted in and by our own Rev. Stat. 1846, P. 688, Chap. 161, Sec. 2, which is as follows: "Every person who shall counsel, hire, or otherwise procure any felony to be committed, may be indicted and convicted as an accessory before the fact, either with the principal felon, or after the conviction of the principal felon, or he may be indicted or convicted of a substantive felony, whether the principal felon shall or shall not be amenable to justice, and in the last mentioned case, may be punished in the same manner as if convicted of being accessory before the fact." The present indictment counts as follows, viz: 1st. Against alias principals in the arson of the Depot. 2nd. Against George W. Gay as principal in the arson. 3d. Against the other defendants as accessories before the fact. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com

Argument in the Railroad Conspiracy Case

Argument in the Railroad Conspiracy Case
Author: James Adams Van Dyke
Publisher: Palala Press
Total Pages:
Release: 2016-05-20
Genre:
ISBN: 9781357722746

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The History of Michigan Law

The History of Michigan Law
Author: Paul Finkelman
Publisher: Ohio University Press
Total Pages: 305
Release: 2006
Genre: Law
ISBN: 0821416618

The History of Michigan Law offers the first serious survey of Michigan's rich legal past. Michigan was among the first states to admit African-Americans and women to its law schools and was the first governmental entity to abolish the death penalty. Additionally, the state, unlike its midwestern neighbors, did not enact racial exclusion laws in the post-Civil War era. Michigan has also played a leading role in developing modern rape laws, in protecting the environment, and in assuring the right to counsel for those accused of crimes. The story of Michigan's legal development includes high profile cases such as the Dr. Ossian Sweet murder trial, the cross-district busing case Milliken v. Bradley, and the affirmative action cases brought against the University of Michigan Law School.The History of Michigan Law documents and analyzes, as well, Michigan legal develpments in environmental history, civil rights, and women's history. This book will serve as the entry point for all future studies that involve the law in Michigan. With 2005 marking the bicentennial of the establishment of the Michigan Supreme Court, as well as the bicentennial of the creation of the Michigan Territory, The History of Michigan Law has appeal beyond the legal community to scholars and students of American history. ABOUT THE EDITORS---Martin Hershock is an associate professor of history at the University of Michigan-Dearborn. He is author of The Paradox of Progress: Economic Change, Individual Enterprise and Political Culture in Michigan, 1837-1878 (Ohio, 2003) Paul Finkelman is Chapman Distinguished Professor of Law at the University of Tulsa College of Law. He is the author of many articles and books, including His Soul Goes Marching On: Responses to John Brown and the Harpers Ferry Raid and the Library of Congress Civil War Desk Reference.