Commonwealth v. Cleary
| Decision Date | 25 November 1890 |
| Citation | 25 N.E. 834,152 Mass. 491 |
| Parties | COMMONWEALTH v. CLEARY, (two cases.) |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
A.J. Waterman, Atty. Gen., and H.A. Wyman, Asst. Atty. Gen., for the Commonwealth.
W.A. Pew, Jr., for defendant.
1. The defendant's offer to prove by his wife that he showed her that he was opposed to her owning and having intoxicating liquors was allowed by the presiding judge, so far as it related to acts. So far as it related to the effect of private conversations between the two, the only legal way of proving this was by proving the substance of the words spoken. As the defendant was not at liberty to prove the latter, he could not prove the former. Pub.St. c. 169, § 18, cl. 1.
2. Evidence of the defendant's acts after the last seizure was inadmissible. He could not make evidence for himself in that way.
Exceptions overruled.
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State v. Law
...Mich. 192, 65 N. W. 756;Van Alstine's Estate, 26 Utah, 193, 72 Pac. 942;Stanley v. Stanley, 112 Ind. 143, 13 N. E. 261;Commonwealth v. Cleary, 152 Mass. 491, 25 N. E. 834;Flora v. Anderson (C. C.) 75 Fed. 217;Epstein v. Penn. Ry. Co., 143 Mo. App. 135, 122 S. W. 366. On the part of the stat......
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Nichols v. Rosenfeld
... ... conversation. Brown v. Wood, 121 Mass. 137; Com ... v. Hayes, 145 Mass. 289, 293, 14 N.E. 151; Com. v ... Cleary, 152 Mass. 491, 25 N.E. 834. But such is not the ... fact. Such a conversation is not necessarily private. There ... is no presumption one way or ... ...
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Sampson v. Sampson
...with each other.’ That principle always has been declared and enforced by this court. Dexter v. Booth, 2 Allen, 559;Commonwealth v. Cleary, 152 Mass. 491, 25 N. E. 834;Fuller v. Fuller, 177 Mass. 184, 58 N. E. 588,83 Am. St. Rep. 273;Baldwin v. Parker, 99 Mass. 79, 83,96 Am. Dec. 697;Leland......
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Fuller v. Fuller
... ... See, further, as to ... the application of the statute, Drew v. Tarbell, 117 ... Mass. 90; Raynes v. Bennett, 114 Mass. 427; Com ... v. Cleary, 152 Mass. 491, 25 N.E. 834; Lyon v ... Prouty, 154 Mass. 488, 28 N.E. 908. In the latter case, ... where the nature of the conversation was much ... ...