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Browsing: Legal Papers of John Adams, Volume 2


This note contained in document ADMS-05-02-02-0006-0004-0002
55. For a somewhat similar argument, see Stokes, Constitution of the British Colonies 361. In “A Journal of the Times,” 2 March 1769, Auchmuty's point that the evidence would be inadmissible even under the civil law was not mentioned and the decision was said to have turned upon “the usage of the court, and the inconveniencies that would attend the introduction of the rules of the civil law, in cases of this nature.” The writer asked upon what usage this unique case could be based, and went on to point out that the court had not been deterred by inconvenience in using interrogatories, in sitting without regular adjournments, in issuing compulsory citations to witnesses, and in ordering arrest and high bail for immediate appearance. After noting that only the judge's discretion determined which law would apply, the account continued, “It is reported that the advocates for Mr. Hancock, had no solicitude about the question they put to the witness, but they thought that if the court would proceed by such rules of the civil law as pleased the officers of the revenue, they had a right to such rules of the same law, as made in favour of Mr. Hancock.”Dickerson, Boston under Military Rule 72.
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2014.
http://www.masshist.org/apde2/