Robbery of the Bank of Pennsylvania in 1798: The Trial in the Supreme Court of the State of Pennsylvania : Upon which the President of that Bank, the Cashier, One of the Directors (who was an Alderman) and Another Person who was the High Constable of Philadelphia, Were Sentenced to Pay Patrick Lyon Twelve Thousand Dollars Damages, for a False and Malicious Prosecution Against Him, Without Either Reasonable Or Probable Causepublishers, 1808 - Всего страниц: 184 |
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action aforesaid Annesley answered appears asked bail Bank of Pennsylvania believe book vault Boyd brought Carpenter's-hall cash cash-vault charge circumstances client committed Condie confined counsel Cunningham Dallas declared defendants deponent dollars employed enquiry evidence examination false keys felony front door gentlemen grand jury ground guilty habeas corpus heard Hopkinson ignoramus Ingersol innocent iron doors Isaac Davis jail John Haines Jonathan Smith judge Shippen Judge Yates justice knew latches Lewis Lewistown lock Lodge-alley Lyon's magistrate malicious prosecution mentioned morning never night ningham oath officers Pat Lyon Patrick Lyon person Philadelphia plaintiff porter prison probable cause procured proof prove Rawle reasonable or probable recollect returned Rizer robbed the Bank robbery Robert Wharton Robinson Saturday September shew Stocker supreme court suspicion swear sworn taken tell Teller testimony thing tion told took true keys warrant watchmen Wharton witness yellow fever
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Стр. 127 - That no Action shall be brought against any Justice of the Peace for any thing done by him in the execution of his Office, unless the same be commenced within Six Calendar Months next after the act complained of shall have been committed.
Стр. 106 - The essential ground of this action is, that a legal prosecution was carried on without a probable cause. ' We say this is emphatically the essential ground, because every other allegation may be implied from this; but this must be substantially and expressly proved, and cannot be implied.
Стр. 106 - ... proved, and cannot be implied. From the want of probable cause, malice may be, and most commonly is, implied. The knowledge of the defendant is also implied. From the most express malice, the want of probable cause cannot be implied. A man, from a malicious motive, may take up a prosecution for real guilt, or he may, from circumstances which he really believes, proceed upon apparent guilt, and in neither case is he liable to this kind of action.
Стр. 106 - From the want of probable cause, malice may be, and most commonly is, implied. The knowledge of the defendant is also implied. From the most express malice, the want of probable cause cannot be implied. A man, from a malicious motive, may take up a prosecution for real guilt, or he may, from circumstances which he really believes, proceed upon apparent guilt, and in neither case is he liable to this kind of action.
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Стр. 126 - not a true bill," or (which is the better way) "not found," and then the party is discharged without further answer. But a fresh bill may afterwards be preferred to a subsequent grand jury. If they are satisfied of the truth of the accusation, they then endorse upon it "a true bill
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