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Notice:Premise Statements of Ruling Law Hereon lies The People's statements of: Ruling Laws of the matter; and, parties, as defined. Well known to a few selected legal circles (and in particular the United States Department of Justice) are the words of United States Special Judge Advocate John A. Bingham Jr., who made arguments at the criminal prosecution of John H. Surratt and other conspirators who were involved logistically with the assassination of President Abraham Lincoln. This Trial took place in Washington, D.C. in 1865: "A conspiracy is rarely, if ever, proven by positive testimony. When a crime of high magnitude is about to be perpetrated by a combination of individuals, they do not act openly, but covertly and secretly. The purpose formed is known only to those who enter into it. Unless one of the conspirators betrays his companions and give evidence against them, their guilt can be proven only by CIRCUMSTANTIAL EVIDENCE... It is said by some writers on evidence that circumstances are stronger than positive proof. A witness swearing positively, it is said, may misapprehend the facts or swear falsely, but that circumstances cannot lie... It is reasonable that where a body of men assume the attribute of individuality, whether from commercial business or the commission of a crime, that the association should be bound by the acts of one of its members, in carrying out the design."
Notice how Conspirators may be proven: Only by one of the INSIDERS talking (not very likely), or by watching their movements and observing the train of circumstances they leave behind them. MISPRISION, crim. law. 1. In its larger sense, this word is used to signify every considerable misdemeanor, which has not a certain name given to it in the law; and it is said that a misprision is contained in every treason or felony whatever. 2. In its narrower sense it is the concealment of a crime. 2. Misprision of treason, is the concealment of treason, by being merely passive; Act of Congress of April 30, 1790, 1 Story's L. U. S. 83; 1 East, P. C. 139; for if any assistance be given, to the traitor, it makes the party a principal, as there is no accessories in treason. 3. Misprision of felony, is the like concealment of felony, without giving any degree of maintenance to the felon; Act of Congress of April 30, 1790, s. 6, 1 Story's L. U. S. 84; for if any aid be given him, the party becomes an accessory after the fact. 4. It is the duty of every good citizen, knowing of a treason or felony having been committed; to inform a magistrate. Silently to observe the commission of a felony, without using any endeavors to apprehend the offender, is a misprision. 1 Russ. on Cr. 43; Hawk. P. C. c. 59, s. 6; Id. Book 1, c. s. 1; 4 Bl. Com. 119. 5. Misprisions which are merely positive, are denominated contempts or high misdemeanors; as, for example, dissuading a witness from giving evidence. 4 Bl. Com. 126. Bouvier's Law Dictionary 1856 FRAUD, contracts, torts. Any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either, first, in the misrepresentation, or, secondly, in the concealment of a material fact. Fraud, force and vexation, are odious in law. Booth, Real Actions, 250. Fraud gives no action, however, without damage; 3 T. R. 56; and in matters of contract it is merely a defense; it cannot in any case constitute a new contract. 7 Vez. 211; 2 Miles' Rep. 229. It is essentially ad hominem. 4 T. R. 337-8. 2. Fraud avoids a contract, ab initio, both at law and in equity, whether the object be to deceive the public, or third persons, or one party endeavor thereby to cheat the other. 1 Fonb. Tr. Equity, 3d ed. 66, note; 6th ed. 122, and notes; Newl. Cont. 352; 1 Bl. R. 465; Dougl. Rep. 450; 3 Burr. Rep. 1909; 3 V. & B. Rep. 42; 3 Chit. Com. Law, 155, 806, 698; 1 Sch. & Lef. 209; Verpl. Contracts, passim; Domat, Lois Civ. p. 1, 1. 4, t. 6, s. 8, n. 2. Bouvier's Law Dictionary 1856 It appears the Court and Respondents have failed to understand the import of this Declaration by the people. It comes not under authority of Rules of Procedure, Statute Law, INTERNATIONAL LAW, or any other purported creation beyond the peoples' own ultimate authority. The matters come solely under the people's Rights, which they have always reserved, and may not be ignored, dismissed, refused, or sidestepped. OTHER SPECIFICS Item 1 "We the people" ("Declaration of Independence") as stated therein and thereon, which appears to be needful of resubmission to the governments, and is quite viable in application against today's world of deception, deceit, and fraud; Item 2 "Preamble", "Bill of Rights", "Constitution of the States united" (United States Constitution) as stated, and as intended by the framers from their diaries, Biographies, etc.; Item 3 "Magna Charta" (Magna Carta), as it was intended; Item 4 22 USC Chapter 11, appears to state these foreign powers need to register and inform the people of their existence and lays out the Rules of Law which they must follow; Item 5 "Confederation of States" with its original intent; Item 6 Senate Report, Special Committee on the Termination of the National Emergency, United States Senate, National Archives, which specifically directs the people to the unconstitutional actions in their nation by the de facto corporate governments; Item 7 The "Preamble" and "Bill of Rights" of the "Kentucky Constitution" and Section 110 (1) - (2)(a)("new" Constitution) which defines the demands that government must follow, if it is to exist; Item 8 And every other document in which the people have told the government: it is exceeding its authority; and, or, it would not be tolerated. United States House and Senate Archives, Public Libraries, Federal Depository Libraries, Supreme Court of the United States Archives. Definition of Respondents, location of matters, statement of contract: MARK THIS WELL: Perhaps this matter has been improperly filed, or the Court and Respondents do not appreciate what has been placed. It is specifically stated, as against the de facto corporate government that calls itself COMMONWEALTH OF KENTUCKY that now exists and of which the Attorney General has just admitted, to be replaced by the de jure government of republican nature as demanded in the Constitutions. I have been gracious enough to allow this to continue beyond the limitations that were imposed, however, that limit is being surpassed through wasted time and needless correspondence. We the people, will not tolerate further delays. If necessary, we will remove the Constitutional authority from the powers that attempt to subjugate us, and create a true Supreme Court to handle these matters with that supreme and ultimate Constitutional Authority. The Supreme Court of Kentucky state, is where this matter lies. Not the obvious and blatantly attempted creation of: COMMONWEALTH OF KENTUCKY - SUPREME COURT, which the respondent has attempted to create in its "MOTION FOR MORE DEFINATIVE STATEMENT, TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED OR IN THE ALTERNATIVE FOR EXTENTION OF TIME IN WHICH TO ANSWER", which has no place in the constitutional Supreme Court regarding the matters before the Court. It appears these Attorneys are tenacious in their purported grip on mankind and this Nation. They appear to believe that they somehow control everything, and the people are merely subjugated peons. They have forgotten the true Master/Slave, Agency and Partnership, that the Constitutions allow, and those supreme and ultimate contracts demand. RESPONSIBILITIES OF THE COURT Where as, COMMONWEALTH OF KENTUCKY has asked for that which it has no Right to receive, I have, therefore, sent this unlawful present, back to the sender. It may do so when the Courts are convened for any prosecution that the Grand Jury finds justified, or before that Jury. Therefore, the Court will continue immediately, to instill this Grand Jury to review this de facto corporate government and its unlawful acts and actions and all the members/agents which comprise it. There is no Writ request for this Court to review. The matter is an ultimatum. DELIVERY This statement, though unnecessary, is placed to advise the Court that I have sent these presents and attachment or inclusion to the Governor and Attorney General of COMMONWEALTH OF KENTUCKY, and placed the same in the Circuit Court record. Inclusion sent to those parties is 22 USC Chapter 11, as placed in the Courts. All other materials referenced hereon, are obtainable generally or I have directed the Court and Respondents to their locations. Notice specifically to The Supreme Court of Kentucky state The Court will place these matters properly and proceed in proper form. It will correct the improper form of its present: MAURICE EDWARD BRAHIER VS. COMMONWEALTH OF KENTUCKY; with the proper form of Constitutional status, as: "proper appellation for all the Proclaimers" against COMMONWEALTH OF KENTUCKY. So it be, by public post, at the twenty-ninth minute of the nineteenth hour of the twelfth day in the Nineteen Hundredth and Ninety-eighth year, Anno Domini as affirmed by the signatory below. ______________________________ , Maurice Edward, Brahier, a private person of sovereignty in Kentucky state, in the county of Marshall, for The People. Notice Ruling Law Ky Supreme Court.doc |
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