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Mayberry

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eBook details

  • Title: Mayberry
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 09, 1936
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

QUA, Justice. This proceeding, in so far as it directly affects the present respondent, originated in the 'fourteenth report' of a special commissioner appointed by this court upon a petition filed on behalf of a committee of citizens of the commonwealth. The nature of the petition and the action of the court upon it are sufficiently set forth in Re Keenan, 287 Mass. 577, 578, 192 N.E. 65, 96 A.L.R. 679. See, also, 287 Mass. pages 585-587, 192 N.E. 69, 70, 96 A.L.R. 684-686. In said fourteenth report the commissioner found that the respondent conspired with one Donnelly to influence improperly jurors in certain named cases and recommended that an order of notice be issued by the court to the respondent requiring him to show cause why he should not be disbarred. Before the trial the commissioner filed a 'supplemental fourteenth report' containing further details as to the cases and the names of the persons involved. In September, 1933, a trial was had on those reports before a single Justice of this court, who on October 5, 1933, entered an 'order for judgment' reciting that cause for disbarrment or discipline was not established and ordering that the proceeding against the respondent 'be, and the same is hereby dismissed.' Thereafter on October 27, 1933, the commissioner filed a 'second supplementary report' alleging that subsequent to the hearing certain testimony not theretofore available had been produced before him which in his judgment was so material to the inquiry that he deemed it his duty to inform the court thereof, so that the court might consider 'whether the inquiry should be reopened for further information in the premises.' A transcript of the testimony referred to in this report was filed with the clerk. On October 2, 1934, the commissioner filed a 'third supplementary report' setting forth that Donnelly, whom the respondent admitted having employed at various times, but who could not be found to testify at the first hearing, was now in prison and available, and that certain jurors alleged to have been corrupted could identify him in court, and praying for an order 'reopening the hearing * * * or such other order as the Court shall deem expedient in the interests of the public welfare.' Thereupon, on December 13, 1934, after a hearing, the single Justice entered an 'order vacating order for judgment' wherein 'the order for judgment * * * entered October 5, 1933,' was vacated and said fourteenth report and the three supplementary reports were 'assigned for hearing de novo.' The second trial before the single Justice resulted in an order that judgment be entered removing the respondent from the office of attorney at law.


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