No.

12-144

In the Supreme Court of the

United States
____________________________________

ABIE S. BITTON & CO., et al.,

Petitioners,

v.

COURT OF OYER AND TERMINER OF SALEM,

MASSACHUSETTS, et al.,

Respondents.
________________________

On Writ of Certiorari
to the United States Court of Appeals
for the Ninth Circuit
________________________

_________________________________
BRIEF AMICUS CURIAE FOR
ABIE S. BITTON & CO. IN
SUPPORT OF PETITIONER
________________________________
Abie S. Bitton
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TABLE OF CONTENTS

Page

STATEMENT OF INTEREST................................................................1

SUMMARY OF ARGUMENT.................................................................2

ARGUMENT.................................................................................................

I. THE FOURTH AMENDMENT TO THE UNITED

STATES CONSTITUTION PROHIBITS
UNREASONABLE SEARCHES AND SEIZURES
WITHOUT A WARRANT ISSUED IN SUPPORT OF
PROBABLE CAUSE.................................................................

A. This Court has defined “probable cause” as

“where the facts and circumstances within the
officers' knowledge, and of which they have
reasonably trustworthy information, are
sufficient in themselves to warrant a belief by a
man of reasonable caution that a crime is being
committed” (338 U.S. 160)

II. THE EXECUTIONS OF THE TWENTY PEOPLE

NAMED AND THE ARRESTS OF THE FIFTY TWO
ARRESTED VIOLATE THE FOURTH AMENDMENT
TO THE UNITED STATES CONSTITUTION...................

A. There was no evidence to directly prove the

existence of witchcraft

B. The accused were arrested without warrant........

CONCLUSION..............................................................................................
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TABLE OF AUTHORITIES

PRIMARY SOURCES
 iii

STATEMENT OF INTEREST

Abie S. Bitton & Co. is a 501(c)3 nonprofit organization

dedicated to the Fourth Amendment rights and interests of
Americans of bost past an present. We believe that Americans
have a vested interest in their Fourth Amendment rights. To
that end, Abie S. Bitton & Co. provides knowledge to those
who feel that their Fourth Amendment rights have been
violated.

Abie S. Bitton & Co. is interested in the outcome of this case

because of the possibility that it will determine protocols in
a way that will make it more difficult for Americans to
understand and effectively use their Fourth Amendment rights.

.
 SUMMARY OF ARGUMENT

We contend that the arrests of the following were unconstitutional:

Giles Corey, executed via peine forte et dure
John Proctor, executed by hanging
Rebecca Nurse, executed by hanging
Bridget Bishop, executed by hanging
Sarah Good, executed by hanging
Elizabeth Howe, executed by hanging
Susannah Martin, executed by hanging
Sarah Wildes, executed by hanging
George Burroughs, executed by hanging
George Jacobs Sr., executed by hanging
Martha Carrier, executed by hanging
John Willard, executed by hanging
Martha Corey, executed by hanging
Mary Eastey, executed by hanging
Mary Parker, executed by hanging
Alice Parker, executed by hanging
Ann Pudeator, executed by hanging
Wilmot Redd, executed by hanging
Margaret Scott, executed by hanging
Samuel Wardwell Sr., executed by hanging
Ann Foster, died in custody
Mary Bradbury
Abigail Faulkner Sr.
Dorcas Hoar
Elizabeth Proctor
Sarah Wardwell
Mary Lacey Sr.
Tituba Indiann
Lydia Dustin, found not guilty but died in custody
Job Tookey
Dorothy Good
Francis Elizabeth Alcock Hutchins
Sarah Osborne, died in prison
Roger Toothaker, died in prison
Mary Black
Sarah Rist
Sarah Cloyce
Elizabeth Hutchinson Hart
Thomas Farrer Sr.
The arrests and executions of the individuals listed as well as others is
clearly in violation of the US Constitution. In particular, the 4th
Amendment to the Constitution states, “The right of the people to be
secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no
Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and
the persons or things to be seized.”

The arrests and executions of those listed and others were without
probable cause and in violation of ex turpi causa non oritur actio.
Spectral evidence, of which there is no legitimate way to prove, was used
to arrest the aforementioned persons. This “evidence” was hearsay, and
was used as a convenient way to settle scores. This is evident in the case
of Giles Corey, who was accused in order for the Putnam family to aquire
his land. Thus we see the real reason of these mass accusations.