Case of Waite

1 Rep. Cont. El. 60

• Court: Massachusetts House of Representatives
• Decided: July 1, 1808
• Status: Published

Opinion

A communication was received from the governor, inclosing a letter to him from the solicitor general, stating, that John Waite, a member from Falmouth, in the county of Cumberland, had been convicted of forgery. The communication having been read, Mr. Waite, the member implicated, presented a memorial, praying for a new trial upon the indictment, which stood continued for judgment, and also a memorial in favor of his character, signed by a great number of persons, both of which were committed to the committee on new trials. The communication from the solicitor general was referred to a special committee; and it was ordered, that Mr, Waite be suspended from exercising the duties of a member, until the house shall have taken further order upon the report of the committee.¹

The committee on new trials reported a resolve on the memorial of Mr. Waite, granting him a new hearing on the indictment, which passed both branches, and was sent to the governor, but was subsequently returned by Mm to the house, at their request, and referred to a special committee, who do not appear to have made any report upon it.

The committee on the communication from the solicitor general do not appear to have made any report.

1 This order was passed on the motion of Mr., afterwards Judge, Story, then a member from Salem,