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Argument for District Attorney Joseph C. Pelletier (Respondent) (Classic Reprint)
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Argument for District Attorney Joseph C. Pelletier (Respondent) (Classic Reprint)
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Barnes and Noble
Argument for District Attorney Joseph C. Pelletier (Respondent) (Classic Reprint)
Current price: $25.24
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Excerpt from Argument for District Attorney Joseph C. Pelletier (Respondent)
N ow, the young man nolled the case. The only place on earth where it can be claimed that Mr. Pelletier came in contact with that case is that one of the officers of the parole board, wrote Mr. Pelletier and said 'if this man, N ee, plead guilty or was convicted, they would revoke his parole. That letter it will be charged, I assume, is the notice which Pelletier had of the pendency of this case. And yet, as practical men, must we not know that, in the multitude of things this could not be a matter which would remain in his mind? Therefore when you come to this case the only incident there is in reference to it is that Mr. Pelletier did not discharge Fred Sheenan because he took the action indicated. To urge Pelletier's ouster due to this item is to confess the desperate length to which these gentlemen are willing to go to gain their point. Not a suggestion in the record that even squints at improper motive, directly or indirectly, that touches Mr. Pelletier. Is it not clear to your Honors that Mr. Allen is driven hard for facts, when he will seize upon a circumstance of this character? Bear in mind that this case is plucked out of thousands, and is here urged as ground for ouster. Those of you on this Bench who in your younger years may have filled the office of District Attorney, harken back to your own experience and answer to your conscience if you could have escaped the harsh penalty of ouster if the facts 1n the Nee case are to bfefi taken as demonstrating official malfeasance or misfeasance in o ce.
We pass to the Stone case. Your Honors will remember that this is a case brought under Paragraph 3 z - permitted assistant district attorneys to nol pross cases which should have been prosecuted. What are the facts? Mrs. Stone testified. Also a witness by the name of Officer Harvey testified. It was shown that an attorney by the name of Green represented the defendant. A divorce suit was pending. Some time in June the divorce was granted - at least, it was so represented to Sheenan. In other words, if you recall, a divorce hadbeen brought on the ground of adultery with the name of the woman in the case unknown. When the case came on to be tried at nisi it de veloped that the name of the woman was known. The tryer of the fact said, You will have to amend your pleading and insert the name. Afterwards, the case came on, thirty or sixty days later, and was dis posed of. In June, at the first trial, when everything was disposed of to all practical intents and purposes, the attorney representing the defendant came and discussed this matter with Mr. Sheehan, told him that the case was disposed of, and that the parties in interest had no further concern in the criminal prosecution.
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