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More "Defendant" Quotes from Famous Books
 ... the presence of a crowded assembly, among whom it was easy to discern that general conviction of the prisoner's guilt so chilling to the spirits of a defendant and his counsel, and so much deprecated by the latter, because he knows too well how far it goes toward a prejudgment of his cause. Several of the most prominent members of the bar had been retained by the family of Mrs. Wilde to assist the State's attorney in the prosecution. ...
— Atlantic Monthly, Volume 8, No. 48, October, 1861 • Various
... as a day laborer in a factory, which mode of subsistence not suiting the Frenchman's taste, he had slipped out of, and ran off, before commencing work. It was soon evident, from the juxtaposition of the two, one as accusant, the other defendant, which was not to be mistaken, even by a person ignorant of the language in which they spoke, that all was not right. His friends, the ladies, stared, when, upon each renewed attempt to convict him, he would assure, in the most self-possessed and polite manner, "Your are ...
— A Biographical Sketch of the Life and Character of Joseph Charless - In a Series of Letters to his Grandchildren • Charlotte Taylor Blow Charless
... aged, greasy Bible to be touched by the witnesses in making oath, and to say, "Step this way," when the testimony was over. There were other bailiffs—one at the gate giving into the railed space before the judge's desk, where prisoners were arraigned, lawyers sat or pleaded, the defendant had a chair, and so on; another in the aisle leading to the jury-room, and still another guarding the door by which the public entered. Cowperwood surveyed Stener, who was one of the witnesses, and who now, in his helpless fright ...
— The Financier • Theodore Dreiser
... that his confession was false, and that he might have got his books by honest means. It was objected that there was in the world only one book printed by Lambert Palmart in 1482, and that the prisoner must have stolen this, the only copy, from the library where it was treasured. The defendant's counsel proved that there was another copy in the Louvre; that, therefore, there might be more, and that the defendant's might have been honestly procured. Here Don Vincente, previously callous, uttered an hysterical cry. Said the Alcalde:- "At last, Vincente, you begin to understand the enormity ...
— The Library • Andrew Lang
... of the bier stood the Knight of Kinfauns, the challenger, and at the foot the young Earl of Crawford, as representing the defendant. The evidence of the Duke of Rothsay in expurgation, as it was termed, of Sir John Ramorny, had exempted him from the necessity of attendance as a party subjected to the ordeal; and his illness served as a reason for his remaining at home. His ...
— The Fair Maid of Perth • Sir Walter Scott
... trying a case, and who, after citing innumerable laws and reading twenty pages of incomprehensible judicial Latin, made an offer to the litigants to throw dice; if an even number fell then the plaintiff was right; if an odd number the defendant was right. ...
— The Awakening - The Resurrection • Leo Nikoleyevich Tolstoy
... allegation—a seditious man—exempted from prosecution? The police cannot do that. Who, then? Who was he that could draw the line between John Martin and his friend A.M. Sullivan—exempt the one, prosecute the other—summon the former as a defendant and subpoena the latter as a crown witness? What was the object? It is plain. There are at this moment, I am convinced—who doubts it?—throughout Ireland, as yet unfound out, Talbots and Corridons in the pay of the crown acting as Fenian ...
— The Wearing of the Green • A.M. Sullivan
... of an ounce, but he had accounted for neither the sale nor the deficiency. Hence Marco sues him for three lire of Grossi, the price of the half-pound sold, and for twenty grossi as the value of the saggio. And the Judges cast the defendant in the amount with costs, and the penalty of imprisonment in the common gaol of Venice if the amounts were not paid within a ...
— The Travels of Marco Polo Volume 1 • Marco Polo and Rustichello of Pisa
... jury will give a verdict and damages where they would not convict on the same evidence. Yours is just one of those cases where Temper says, 'indict!' but Prudence says, 'sue!' and Law, through John Compton, its oracle in this square, says, sue the defendant and no other. Now, who is the true defendant here, ...
— Hard Cash • Charles Reade
... more ignorant class. They have no funds with which to employ counsel, and have but few intelligent lawyers to come to their rescue. In cases of theft, especially of poultry, pigs, sheep, fruit, etc., it is next to impossible to convince a white judge or jury that the defendant is not guilty. They reason that because the half-fed, overworked slave appropriated articles of food, as a freeman the Negro was not changed. They ascribed a general habit, growing out of trying circumstances, to the Negro as a slave that ...
— History of the Negro Race in America from 1619 to 1880. Vol. 2 (of 2) - Negroes as Slaves, as Soldiers, and as Citizens • George Washington Williams
... the bill is that it grants this right to the accused after the jury has been secured. Why, if the defendant didn't like the adverse rulings of the Judge he could easily claim bias and the law would upheld his demand for another Judge. Think of how that would operate in the Calhoun trial in San Francisco. Such a law would cost the State ...
— Story of the Session of the California Legislature of 1909 • Franklin Hichborn
... weakened and finally destroyed. This duty of the courts was declared in the case of Boyd v. United States, 116 U. S. 616 at page 641—where in refusing effect to a statute requiring the production of his books and papers by a defendant in proceedings for forfeiture, the court said: "Though the proceeding in question is devested of the aggravating effects of actual search and seizure, yet it contains their substance and essence, and effects their ...
— Concerning Justice • Lucilius A. Emery
... wrongs or injuries, the praetor impanelled a jury, but the number of which it was to consist seems to have been left to his discretion. The jurors were called ju'dices, and the opinion of the majority decided the verdict. Where the votes were equal, the traverser or defendant escaped; and when half the jury assessed damages at one amount, and half at another, the defendant paid only the lesser sum. In disputes about property, the praetor seldom called for ...
— Pinnock's Improved Edition of Dr. Goldsmith's History of Rome • Oliver Goldsmith
... Not even the defendant's youth and beauty and (seeming) timidity were able to modify my savagery, for a time—and meantime question and answer were going on. She had risen to her feet with the first question; and there she stood, with her pretty face bent floorward whilst I inquired, but always with her honest ...
— Innocents abroad • Mark Twain
... speech which the judge on the bench is ordered to repeat to the witnesses? Thus says the law-giver Manu: "When the witnesses are collected together in the court, in the presence of the plaintiff and defendant, the (Brahman) judge should call upon them to speak, kindly addressing them in the following manner: 'Whatever you know has been done in this affair ... declare it all. A witness who in testifying speaks the ...
— The Religions of India - Handbooks On The History Of Religions, Volume 1, Edited By Morris Jastrow • Edward Washburn Hopkins
... responded his dragoman; "only her expenses to the Court and back. Though indeed, it is possible that after she had called them, she got half a sovereign from the defendant to impress the matter on her mind, seeing that she ...
— Another Sheaf • John Galsworthy
... I expected," Skapti said. "You have overlooked the facts; you have treated as a party to the suit a man who was an outlaw, a man who was stopped from appearing either as plaintiff or defendant. I maintain that Grettir has no standing in the case, and that it must be brought by the kinsmen of the deceased who are ...
— Grettir The Strong - Grettir's Saga • Unknown
... a municipal election a defendant told the Carlisle Bench that it was only a frolic. The Bench, entering into the spirit of the thing, told the man to go and have a good ...
— Punch, or the London Charivari, Vol. 158, January 28th, 1920 • Various
... the cause was heard before the lord-chief justice of England, a jury of free-born Englishmen, citizens of London, asserted their privilege of judging the law as well as the fact, and acquitted the defendant with a truly admirable spirit of independency. They considered the pamphlet as an appeal against oppression; and, convinced that the contents were true, they could not in conscience adjudge ...
— The History of England in Three Volumes, Vol.II. - From William and Mary to George II. • Tobias Smollett
... complaints before the courts, stating that his ill-usage had occasioned a fever through which she had lost the power of one of her arms, that her whole system was entirely shaken, and demanding a monthly allowance as compensation. She won her case; the defendant had to pay three hundred thalers in costs and contribute sixty thalers a year to her maintenance while she lived. Schopenhauer on returning to Berlin did what he could to get the judgment reversed, but unsuccessfully. The woman lived ...
— Essays of Schopenhauer • Arthur Schopenhauer
... only propose the matter, as most to his advantage, and then it will be enough for him to say: "I ask for a certain sum of money due to me according to agreement; I ask for what was bequeathed to me by will." It is the defendant's business to show that he has no right to such a debt or legacy. On other occasions it is enough, and more advisable, for the plaintiff to point out merely the fact: "I say that Horatius killed his sister." ...
— The Training of a Public Speaker • Grenville Kleiser
... Meynell's speech were over. On the seventh the Court opened amid the buzz of excitement and alarm. The chief defendant in the suit was not present, and had sent—so counsel whispered to each other—a hurried note to the judge to the effect that he should be absent through the whole remainder of the trial ...
— The Case of Richard Meynell • Mrs. Humphry Ward
... recorded in history. However, the reader may have failed to note this famous "causus bellus" or forgotten it. In expounding the law two points were always kept in view by Burgess Potts—the Constitution of the United States and his cobbling accounts. If either the plaintiff or defendant were indebted to the cobbler, justice was meted out as the law required, with the addition of the amount due for cobbling. The cobbling bill was always added to the costs. If both parties to the case were indebted to the judge the law was bent to apply to the assessing of costs ...
— Watch Yourself Go By • Al. G. Field
... and a train of bubbles was seen making all across the pool toward him. And the next moment two dripping heads came up to hand close together, like cherries on a stalk; and now a dozen hands were at the rope, and the plaintiff and defendant were lifted bodily up on to the flat rock, which came nearly to the water's edge ...
— It Is Never Too Late to Mend • Charles Reade
... consisted in walking on hot ploughshares without expressing a derogatory opinion regarding the ploughshares or showing contempt of court. Sometimes the accused had to run his arm into boiling water. If after three days the injury had disappeared, the defendant was discharged and costs ...
— Comic History of England • Bill Nye
... with each other that Heathcoat's rights became established. One lace-manufacturer having brought an action against another for an alleged infringement of his patent, the jury brought in a verdict for the defendant, in which the judge concurred, on the ground that BOTH the machines in question were infringements of Heathcoat's patent. It was on the occasion of this trial, "Boville v. Moore," that Sir John Copley ...
— Self Help • Samuel Smiles
... leader, they read the local events, then the court proceedings, and, if in the police court it reports that the defendant or plaintiff is a merchant, then Aristid Kuvalda sincerely rejoices. If someone has robbed the merchant, "That is good," says he. "Only it is a pity they robbed him of so little." If his horses have broken down, "It is ...
— Creatures That Once Were Men • Maxim Gorky
... and his ignorant and craven-hearted relatives, that this master of procedure is betrayed into the expression of threats or the commitment of some other offense which conveys him summarily from the civil to the criminal courts, and the unrepentant pursuer becomes the defendant, unless, indeed, the insane asylum ...
— Studies in Forensic Psychiatry • Bernard Glueck
... 1854, the defendant, in pursuance of an agreement between counsel, and with the leave of the court, pleaded in ...
— Key-Notes of American Liberty • Various
... are injured by offences against the state, they should share in the trial of them. Such causes should originate with the people and be decided by them: the enquiry shall take place before any three of the highest magistrates upon whom the defendant and plaintiff can agree. Also in private suits all should judge as far as possible, and therefore there should be a court of law in every ward; for he who has no share in the administration of justice, believes that he has no share in the state. The judges in these courts shall be elected ...
— Laws • Plato
... with "murder and sudden death." Several times they got out an injunction upon him, and several times sued him for slander. One of their complaints charged, with ludicrous hypocrisy, that the defendant, "with malicious intent, stood round the door uttering slanderous charges against the good name, fame, and credit of the defendant," just as foolish old lawyers used to argue that "the greater the truth the greater the libel." Sometimes they argued and indignantly ...
— The Humbugs of the World • P. T. Barnum
... has been decided by the Supreme Court of Massachusetts. It occurred in 1798, before there was a reporter of the Supreme Court. Hon John Davis, United States District Judge, was counsel for the Indians, and Samuel Dexter, for the defendant. It was tried on a demurrer, before the Supreme Court in Barnstable, upon an action of ejectment, Proprietors of Marshpee, vs. Ebenezer Crocker. Judge Paine delivered the opinion of the Court in favor of the Indians. Judge Benjamin Whitman of Boston, was also, we believe, ...
— Indian Nullification of the Unconstitutional Laws of Massachusetts - Relative to the Marshpee Tribe: or, The Pretended Riot Explained • William Apes
... It had fallen to Chase's lot to preside successively at the trial of Thomas Cooper for sedition, at the second trial of John Fries for treason, and at the trial of James Thompson Callender at Richmond for sedition. On each of the two latter occasions the defendant's counsel, charging "oppressive conduct" on the part of the presiding judge, had thrown up their briefs and rushed from the court room. In 1800 there were few Republicans who did not regard Chase as "the ...
— John Marshall and the Constitution - A Chronicle of the Supreme Court, Volume 16 In The - Chronicles Of America Series • Edward S. Corwin
... as your father, and have learned from him to hear the defendant before you condemn him. A strange maiden, the daughter of the king ...
— Uarda • Georg Ebers
... 'The Defendant' is a series of papers that are light, but conceal a depth of thought behind them. They demonstrate that there is something to be said for everything which may be a slight solution of the eternal problem that theological ...
— Gilbert Keith Chesterton • Patrick Braybrooke
... moment's thought; "the judges act upon the principle that it is better ten innocent persons should die, than one robber escape. They do not prove a man guilty, but require him to prove that he is innocent; hence the burden of proof rests upon the defendant, and he has no means of establishing, unless possessed of unbounded wealth, ...
— The Gold Hunter's Adventures - Or, Life in Australia • William H. Thomes
... instruction; and these not the less instructive, while we restrict our inquiries to the external history of the word. We find ourselves first among the forms of Roman law. The 'sacramentum' appears there as the deposit or pledge, which in certain suits plaintiff and defendant were alike bound to make, and whereby they engaged themselves to one another; the loser of the suit forfeiting his pledge to sacred temple uses, from which fact the name 'sacramentum,' or thing consecrated, was first ...
— On the Study of Words • Richard C Trench
... had cleared his throat desperately and wiped his glasses carefully, at the look in the eyes of the young lawyer when they had rested on the defendant's wife, "hereafter our office will be the refuge for all the riffraff in ...
— David Dunne - A Romance of the Middle West • Belle Kanaris Maniates
... skilfully sounding him, however, I discovered that his sentiments regarding the prisoner are exactly the same as those entertained by myself. What these are I need hardly say. It is now a struggle between the authority of the Provisional Government and a horde of rebellious persons of which the defendant is the most dangerous. The eyes of our followers are upon us; and if we permit the authority of Government to be defied, its officers reviled, and insult heaped upon us, depend upon it we shall speedily lose the hold we have gained after so many bitter struggles; and become ...
— Annette, The Metis Spy • Joseph Edmund Collins
... but denied that it was a sufficient answer. Thus was raised a simple issue of law to be decided by the court. A barrister, who was notoriously a tool of the government, appeared for the mock plaintiff, and made some feeble objections to the defendant's plea. The new Solicitor General replied. The Attorney General took no part in the proceedings. Judgment was given by the Lord Chief Justice, Sir Edward Herbert. He announced that he had submitted the question to all the twelve Judges, and that, ...
— The History of England from the Accession of James II. - Volume 2 (of 5) • Thomas Babington Macaulay
... on the collisions of ships. Yet her dislike of one husband who happened for a time to be her own has not in the least impaired her affections for the husbands, actual or to be, of others. No lady can be considered truly Corinthian unless she has figured as the defendant in an action for goods supplied by a milliner. It is thus that the Public learns the Corinthian value of silks, and satins, and laces, and ...
— Punch, or the London Charivari, Volume 98, March 1, 1890 • Various
... the plaintiff requested service. Moreover, until the case had been decided, the accuser and the accused received the same treatment. Both were imprisoned; and the plaintiff who lost his case suffered the same penalty which the defendant, had he been ...
— EARLY EUROPEAN HISTORY • HUTTON WEBSTER
... courts, on a charge nearly equivalent to what we term defamation of character; but the old fellow persisting in his assertion, and no invalidating proof being adduced, the plaintiffs were cast in the suit, and the cannibal reputation of the defendant firmly established. This result was the making of his fortune; ever afterwards he was in the habit of giving very profitable audiences to all curious travellers who were desirous of beholding the man who had eaten ...
— Typee - A Romance of the South Sea • Herman Melville
... calculation in adding or subtracting the third, or sixth, or one half, corresponding to the prescribed extenuating or aggravating circumstances! If he makes a miscalculation, the court of appeals is invoked by the defendant, and the inexorable court of appeals tells the judge: "Figure this over again. You have been unjust." The only question for the judge is this: Add your sums and subtract your deductions, and the prisoner is sentenced to one year, seven months, and thirteen days. Not one day more ...
— The Positive School of Criminology - Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901 • Enrico Ferri
... actions shall be heard in open court on the testimony of witnesses or depositions. [Sec.3413.] No divorce can be granted by consent of parties unless grounds therefor can be shown by competent evidence, and if collusion or conrivance on the part of the defendant can be shown, such fact will be a ...
— Legal Status Of Women In Iowa • Jennie Lansley Wilson
... massive silver inkstand, the silver bowl for the petitions of suitors, all emblems of his office, were placed solemnly before him, and the pleadings began. Practised advocates arose to plead the cause of plaintiff or defendant; busy short-hand writers took notes of the proceedings; at length in calm and measured words the Prefect gave his judgment; a judgment which was necessarily based on law, which had to take account of the sayings of jurisconsults, ...
— Theodoric the Goth - Barbarian Champion of Civilisation • Thomas Hodgkin
... vestry. He has an immense advantage over all other public speakers. The platform orator is subject to the criticism of hisses and groans. Counsel for the plaintiff expects the retort of counsel for the defendant. The honorable gentleman on one side of the House is liable to have his facts and figures shown up by his honorable friend on the opposite side. Even the scientific or literary lecturer, if he is dull or incompetent, may see the best part of his audience quietly slip out one by ...
— The Essays of "George Eliot" - Complete • George Eliot
... to be sure, there occur records of a seemingly compromising nature, such as the effects attributed to the eating or even the handling of celery; but such accounts, harrowing as they may appear, are insufficient to warrant a bar sinister. Indeed, not only is the mass of evidence in favor of the defendant, but it casts a reflection upon the credibility of the plaintiff, who may usually be shown to have indulged immoderately, to have been frightened by hallucinations or even to have arraigned the innocent for his own guilt. ...
— Culinary Herbs: Their Cultivation Harvesting Curing and Uses • M. G. Kains
... at Trenton, New Jersey, there appeared in the Circuit Court of the United States two men, the legal giants of their day, to argue the case of Goodyear vs. Day for infringement of patent. Rufus Choate represented the defendant and Daniel Webster the plaintiff. Webster, in the course of his plea, one of the most brilliant and moving ever uttered by him, paused for a moment, drew from himself the attention of those who were hanging upon his words, and ...
— The Age of Invention - A Chronicle of Mechanical Conquest, Book, 37 in The - Chronicles of America Series • Holland Thompson
... For instance: The defendant, a speaker at a meeting consisting chiefly of sympathisers with the socialist cause, made the following statement in reference to ...
— Face to Face with Kaiserism • James W. Gerard
... with the matter. But in spite of his disapproval it went on. Asbury was indicted and tried. The evidence was all against him, and no one gave more damaging testimony than his friend, Mr. Bingo. The judge's charge was favourable to the defendant, but the current of popular opinion could not be entirely stemmed. The jury brought in a verdict ...
— The heart of happy hollow - A collection of stories • Paul Laurence Dunbar
... day by day under the wall of the Kasbah by the side of his own palace, administering what he is pleased to call justice. Soldiers and slaves stand by to enforce his decree if need be, plaintiff and defendant lie like tombstones or advertisements of patent medicines, or telegrams from the seat of war, but no sign of an emotion lights the old man's face. He tempers justice with—let us say, diplomacy. The other afternoon a French-protected ...
— Morocco • S.L. Bensusan
... and letters may destroy them, if he pleases—the fact of his having done so, if litigation should ensue on the subject to which the destroyed documents related, being only matter for comment—but the moment a writ is issued the destruction by a defendant of any document in his possession relating to the action is a grave contempt, for which a duchess was lately sent to prison. There is something majestic about this. No sooner is the aid of a court of law invoked than it assumes a seizin of every scrap of writing which will assist it in ...
— In the Name of the Bodleian and Other Essays • Augustine Birrell
... summon [the defendant] to court (in ius), he (the defendant) shall go. If he (the defendant) go not, he (the plaintiff) shall call a witness thereto. Then only he (the plaintiff) shall take [the ...
— The Twelve Tables • Anonymous
... handed the transcripts of a trial on ship, during which two conflicting stories of an incident had been told by witnesses, and a third by the defendant. How could one judge on something like that? And yet he had ...
— But, I Don't Think • Gordon Randall Garrett
... thereby put himself, in Norman eyes, yet more thoroughly in the wrong. For the challenge was one which Harold could not but refuse. William looked on himself as one who claimed his own from one who wrongfully kept him out of it. He was plaintiff in a suit in which Harold was defendant; that plaintiff and defendant were both accompanied by armies was an accident for which the defendant, who had refused all peaceful means of settlement, was to blame. But Harold and his people could not look ...
— William the Conqueror • E. A. Freeman
... further, I pray them so to dispose your hearts that you will suffer me to conduct my case in accordance with my original intention and design, without interruption from my adversary, I shall be asking no more than justice. When I listen to the defendant's words, and then reflect upon the treatment I have received from him, I know not how I am to reconcile the two. You will presently find him holding a language scarcely distinguishable from my own: ...
— Works, V3 • Lucian of Samosata
... evidence? I think it does somewhat in some cases. How is it that when a jury is sworn to try a case, hearing all the evidence—hearing both sides, hearing the charge of the judge, hearing the law, and upon their oaths, are equally divided, six for the plaintiff and six for the defendant? It is because evidence does not have the same effect upon all people. Why? Our brains are not alike—not the same shape; we have not the same intelligence or the same experience, the same sense. And yet I am held accountable for my belief. I must believe in the Trinity—three times one ...
— Lectures of Col. R. G. Ingersoll - Latest • Robert Green Ingersoll
... frantic efforts of ours. One shot must have hit, for at eleven o'clock that morning, when the case of John Doe Carpenter versus the Commonwealth of Western City was reached in Judge Ponty's court, and the bailiff called the name of the defendant and there was no answer, the magistrate in a single sentence declared the bail forfeited, and passed on to the next case without a word. And all three of our afternoon newspapers reported this incident in an ...
— They Call Me Carpenter • Upton Sinclair
... nothing to be decided," said Doeninger, dryly. "The lawsuit was already decided; the supreme court had given judgment in favor of the plaintiff and awarded to him the sum of one thousand florins, which was at issue, and sentenced the defendant to pay that sum and the costs. ...
— Andreas Hofer • Lousia Muhlbach
... defendant—dead! She can resume her former ties at will, Or may renounce them, if such be her will. She is no more a daughter, or a spouse, Unless she choose, and is set free to form New ...
— Verses • Susan Coolidge
... Defendant, in cross examining the witnesses, enquired why they rose at so early an hour, on the 25th June, and went to walk? They answered that it was partly to exercise, and partly to perform their duty as professors of religion. They said they had made ...
— The Olden Time Series, Vol. 3: New-England Sunday - Gleanings Chiefly From Old Newspapers Of Boston And Salem, Massachusetts • Henry M. Brooks
... little fellow. He found that the charge against him was burglary. There had been a fire in a dry goods store, where some of the merchandise had not been entirely consumed. The place had been boarded up to protect, for the time being, the damaged articles. Several boys, among them this defendant, had pulled off a board or two, and were helping themselves to the contents of the place, when the police arrived. The others got away, and this was the only one caught. The attorney asked the boy if he wanted a jury trial. He said ...
— How to Get on in the World - A Ladder to Practical Success • Major A.R. Calhoon
... Therefore the Dukes of Berri and of Bretagne, Of Brabant and of Orleans, shall make forth, And you, Prince Dauphin, with all swift dispatch, To line and new repair our towns of war With men of courage and with means defendant; For England his approaches makes as fierce As waters to the sucking of a gulf. It fits us then to be as provident As fears may teach us out of late examples Left by the fatal and neglected ...
— The Life of King Henry V • William Shakespeare [Tudor edition]
... successful action at law. The number of cases of repudiation of such agreements is almost negligible. To plead the Statute of Frauds in an action for non-delivery or non-acceptance of goods under such informal agreements might be a defence in the law courts, but would not save the defendant from the indeterminate but effective penalties due to the feeling of his fellows that he was acting dishonourably. It is instructive to notice that in dealing with the question of industrial disputes, which are in many ways ...
— Rebuilding Britain - A Survey Of Problems Of Reconstruction After The World War • Alfred Hopkinson
... the afflicted children bearing testimony to being grievously tormented by defendant, who came sometimes in the shape of a black cat, a dog, or a pig, and who was sometimes accompanied by a black man. Louder next related his experience of being changed to a horse and ridden to a witches' ball, and of seeing Rebecca Nurse ride through the air on a broomstick. The West Indian ...
— The Witch of Salem - or Credulity Run Mad • John R. Musick
... L. Paulus, the father of Africanus, defended the character of an eminent citizen in a public speech; and that Cato, who died in the 83d year of his age, was then living, and actually pleaded, that very year, against the defendant Servius Galba, in the open Forum, with great energy and spirit:—he has left a copy of this Oration behind him. But when Cato was in the decline of life, a crowd of Orators, all younger than himself, made their appearance at the same time: For A. Albinus, who wrote a History ...
— Cicero's Brutus or History of Famous Orators; also His Orator, or Accomplished Speaker. • Marcus Tullius Cicero
... and thereupon. Now, my Lord, my client, being a servant in the same family with Dishclout, and not being at board wages, imagined he had a right to the fee-simple of the dripping-pan, therefore he made an attachment on the sop with his right-hand, which the defendant replevied with her left, tripped us up, and tumbled us into the dripping-pan. Now, in Broughton's Reports, Slack versus Small wood, it is said that primus {67}strocus sine jocus, absolutus est provokus. Now who gave the primus ...
— A Lecture On Heads • Geo. Alex. Stevens
... cent. of all crimes which the police are called upon to investigate, the identity of the guilty person is soon established. The baffling problem is to obtain evidence, admissible in a court of law, which will convince a jury of the defendant's guilt. Even though a person's guilt be apparent to all, the difficulties in shattering the protecting wall which the law erects around every accused man or woman, are frequently insuperable. Evidence which convinces ...
— The Substitute Prisoner • Max Marcin
... not said much about my mother, who might have been likened on such occasions to a grand jury compelled to indict, yet torn between loyalty to an oath and sympathy with the defendant. I went through the Peters yard, climbed the wire fence, my object being to discover first from Ella, the housemaid, or Hannah, the cook, how much was known in high quarters. It was Hannah who, as I opened the kitchen ...
— The Crossing • Winston Churchill
... I, William H. Vanderbilt, of the city of New York, by virtue of a sale made under a judgment in a suit to foreclose a chattel mortgage in the supreme court of this State, in which I was plaintiff and Ulysses S. Grant defendant, which judgment was entered on the 6th day of December, 1884, and under an execution in another suit in said court between the same parties upon a judgment entered December 9, 1884, have become the owner of the property and the articles described in the schedule hereto ...
— A Compilation of the Messages and Papers of the Presidents - Section 2 (of 2) of Volume 8: Chester A. Arthur • James D. Richardson
... position. His mind invariably seized the minutiae of the evidence, and never seemed to see the point or the broad bearings of the case. He would utterly confuse a truthful witness, for instance, who chanced to say that he met the defendant in the road. 'But you said just now that you and he were both going the same way; how, then, could you meet him?' the squire would ask, frowning sternly. Whether the witness overtook or met the defendant mattered ...
— Hodge and His Masters • Richard Jefferies
... discovered, when about half-way through the case, that his client (the plaintiff) had omitted to serve a notice upon the defendant's attorney to produce a certain critical document, at the contents of which it was necessary to get, in order to make out the plaintiff's case. The objection was promptly taken by his opponent—and to the dismay of Sir William's clients. Not so with ...
— Blackwood's Edinburgh Magazine, Volume 59, No. 363, January, 1846 • Various
... the author, knew at first whose good name was at stake. The scene must have been high. The company kicked about the poor diabolic writer's head as though it had been a tennis-ball. Coleridge, the yet unknown criminal, absolutely perspired and fumed in pleading for the defendant; the company demurred; the orator grew urgent; wits began to smoke the case as an active verb, the advocate to smoke as a neuter verb; the 'fun grew fast and furious,' until at length the delinquent arose, burning tears in his eyes, and confessed to an audience now bursting with stifled ...
— English Men of Letters: Coleridge • H. D. Traill
... however, Proprietor and Editor Sayles was having his own troubles. He had been summoned to Lawyer Kimball's office, where he discovered that he was about to be defendant ...
— Uncle Sam's Boys as Lieutenants - or, Serving Old Glory as Line Officers • H. Irving Hancock
... in which Maitre Macaire soars from the cent ecus (a high point already) to the sublime of the boots, is in the best comic style. In another instance he pleads before a judge, and, mistaking his client, pleads for defendant, instead of plaintiff. "The infamy of the plaintiff's character, my LUDS, renders his testimony on such a charge as this wholly unavailing." "M. Macaire, M. Macaire," cries the attorney, in a fright, "you are for the plaintiff!" ...
— The Paris Sketch Book Of Mr. M. A. Titmarsh • William Makepeace Thackeray
... a domestic interest in this discourse; for my brother, the Sieur de Mattecoulom, was at Rome asked by a gentleman with whom he had no great acquaintance, and who was a defendant challenged by another, to be his second; in this duel he found himself matched with a gentleman much better known to him. (I would fain have an explanation of these rules of honour, which so often shock and confound those of reason.) After having despatched his man, seeing ...
— The Essays of Montaigne, Complete • Michel de Montaigne
... carry on the Navarrese war, if he would cause the trials before that tribunal to be conducted in the same manner as in other courts, where the accuser and the evidence were confronted openly with the defendant. To this reasonable petition Ximenes objected, on the wretched plea, that, in that event, none would be found willing to undertake the odious business of informer. He backed his remonstrance with such a liberal donative from his own funds, as supplied the king's immediate exigency, and ...
— The History of the Reign of Ferdinand and Isabella The Catholic, V3 • William H. Prescott
... called him with reference to the fee he is to receive. Before consenting to appear as a witness the practitioner should insist on having all the facts of the case put before him in writing. In this way only can he decide as to whether in his opinion the plaintiff or defendant is right as regards the medical evidence. If summoned by the side on which he thinks the medical testimony is correct, then it is his duty to consent to appear. If, however, he is of opinion that the medical ...
— Aids to Forensic Medicine and Toxicology • W. G. Aitchison Robertson
... proof was laid on the defendant, to the extent that he must prove that the slave in question had been imported at least five years before the prosecution. The slaves were still left to ...
— The Suppression of the African Slave Trade to the United States of America - 1638-1870 • W. E. B. Du Bois
... after his arrival a controversy arose between a couple of settlers in Dakota county about their claim boundaries, and a suit was brought before the French justice at Mendota. Major Noah represented the plaintiff and the defendant employed Mr. Brisbin. It being Brisbin's first appearance in court, he made extraordinary preparations, intending to create a favorable impression. He discovered some fault in the law of the plaintiff's case, and when the parties met in court, he demurred to the plaintiff's ...
— The History of Minnesota and Tales of the Frontier • Charles E. Flandrau
... "acted as a prostitute"; they now feared being "sold into California" by the woman in charge. The Inspector said: "There has been at times a number of women residing in the house, and I do not know what has become of them. I believe that they have been sent to California by the defendant." One of the girls being recalled, and seeming to have gained courage, witnessed that she had been in the house when several women had been brought there and after some time had been sent away to California. She had been present when bargains were struck for the women, the price being various; ...
— Heathen Slaves and Christian Rulers • Elizabeth Wheeler Andrew and Katharine Caroline Bushnell
... Vicar's consent, he being the legal prosecutor. The case was heard by a bench of magistrates composed entirely of clergy and churchwarden squires, who naturally sympathized with us, and, quite logically, convicted the defendant in a fine, I think, of about 25s. and costs, or a term in Worcester Gaol in default. The defendant refused to pay a farthing and was removed in custody; but later our dear old Vicar, very generously, came forward ...
— Grain and Chaff from an English Manor • Arthur H. Savory
... of which I am a member appeared in 1912 for the plaintiff in the case of Ritter vs. Thane. Our client was a young woman residing in Brooklyn. The defendant was Courtney Thane, the son of Howard Thane, and no doubt the young man to whom you refer. In any case, he was the grandson of Silas Thane, who lived in your part of the State of Indiana. We were demanding ...
— Quill's Window • George Barr McCutcheon
... go out into the busy world, after this act in the dawning of John Barclay's life, let the court convene, and the reporters gather, and the honourable special counsel for the government rage, and the defendant sit nervous and fidgety as the honourable counsel reads the indictment; let the counsel for the defendant swell and strut with indignation that such indignities should be put upon honest men and useful citizens, ...
— A Certain Rich Man • William Allen White
... but sternness was less natural to him than concealment. He never told all he knew, nor did his face ever betray the innermost recesses of his heart. On the whole, Mr. Sewell was a good man, and he was an excellent Chief Justice. Such are the characters of the complainant and the defendant in this cause. Mr. Stuart carried great weight, when on the right side, in a House of Assembly, steadily bent upon fair legislation. Not only did he carry his motion about taking into consideration the ...
— The Rise of Canada, from Barbarism to Wealth and Civilisation - Volume 1 • Charles Roger
... penitentiary. And all this to the serious damage, as well in reputation as pocket, of the highly enterprising and rapidly advancing firm of Topman and Gusher. And the plaintiffs prayed, as virtuous gentlemen are known to pray in such cases, that the defendant's property might be attached, and such damages decreed as in the discretion of the court ...
— The Von Toodleburgs - Or, The History of a Very Distinguished Family • F. Colburn Adams
... because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if the work carries a proper notice, the court will not *give any weight to a defendant's interposition of an innocent infringement defense*—that is, that he or she did not realize that the work was protected. An innocent infringement defense may result in a reduction in damages that the copyright owner ...
— Supplementary Copyright Statutes • Library of Congress. Copyright Office.
... as a matter of right, that half that sum may be applied in ornamenting their principal square with a botanical garden. Then the Governor has to attend to complaints against public officers. The Commissioner of the Civil Court has proved himself to be an unjust judge by deciding for the defendant contrary to the truth, as proved by the plaintiff; or the Commissioner of the Court of Requests has received a bribe of three-and-fourpence, and refused to listen to the complainant's story. The magistrates have granted a spirit license to a notorious character, and denied ...
— The Bushman - Life in a New Country • Edward Wilson Landor
... the defendant, and Penrod was considered to have carried his point. With fine consistency, the conclave established that it was proper for the general public to "say it," provided "go to heaven" should in all cases precede it. This prefix was pronounced a perfect ...
— Penrod • Booth Tarkington
... "oxen," "pigs," and "donkeys," had appeared in the witness-box, that the commanding officer of the battery had felt quite giddy, and the presiding judge had perpetrated the cheap witticism that the entire German army might have been fed for a month on the cattle that the defendant had bullied into existence. He, Wegstetten, had hardly been in a humour to enjoy the joke, when the senior major (that detestable Lischke, in whose bad books he already stood), who was commanding the regiment during the colonel's absence on leave, had taken ...
— 'Jena' or 'Sedan'? • Franz Beyerlein
... Court the defendant appeared by his solicitor, who asked that the hearing of the summonses might be adjourned, pending the action in the High Court. This ...
— Berry And Co. • Dornford Yates
... good second husband, and on one occasion was seen in his arms by his three friends. Mrs. Bardell put herself in the hands of Messrs. Dodson and Fogg (two unprincipled lawyers), who vamped up a case against Mr. Pickwick of "breach of promise," and obtained a verdict against the defendant. Subsequently Messrs. Dodson and Fogg arrested their own client, and lodged her in the Fleet.—C. ...
— Character Sketches of Romance, Fiction and the Drama, Vol 1 - A Revised American Edition of the Reader's Handbook • The Rev. E. Cobham Brewer, LL.D.
... the technical construction put upon the situation were these: In reality Sir Charles Dilke was the defendant on trial for his political life and his personal honour. Yet although Sir Henry James and Sir Charles Russell were there in court ready briefed, neither was allowed to speak. Dilke's case against his accuser had to be dealt with by the counsel for the Queen's Proctor, Sir Walter ...
— The Life of the Rt. Hon. Sir Charles W. Dilke, Vol. 2 • Stephen Gwynn
... demanded: "Do you not see, Socrates, how often Athenian juries [8] are constrained by arguments to put quite innocent people to death, and not less often to acquit the guilty, either through some touch of pity excited by the pleadings, or that the defendant had skill to turn some charming phrase?" Thus appealed to, Socrates replied: "Nay, solemnly I tell you, twice already I have essayed to consider my defence, and twice the divinity [9] hinders me"; and to the remark of Hermogenes, "That ...
— The Apology • Xenophon
... says he is still the only attorney herein for defendant, Scott Jackson: that affiant has been ill with la grippe during the last ten days; that for more than a week one of his children has been and still is very ill and under the care of a physician; that, in consequence of his own and his child's sickness, he has ...
— The Mysterious Murder of Pearl Bryan - or: the Headless Horror. • Unknown
... unusual in a probate suit, followed an argument as to who should open it, the plaintiff or the defendant. Geoffrey claimed that this right clearly lay with him, and the opposing counsel raised no great objection, thinking that they would do well to leave the opening in the hands of a rather inexperienced man, who would very likely work his ...
— Beatrice • H. Rider Haggard
... thus and was re-enacted in the Revised Statutes of 1836, the penalty being raised, however, to ten dollars. In civil cases arising out of damages sustained by travellers upon the Lord's day, corporations defendant were quick to take advantage of the law and to rely upon the illegality of the plaintiff's act of travelling, as a good defence ...
— Bay State Monthly, Volume II. No. 4, January, 1885 - A Massachusetts Magazine • Various
... and never paid for him?" he heard his honor say one day in a hog case, where two farmers who had been waiting hours for Tom's coming were plaintiff and defendant. "How did you know it was yo' shoat—did ...
— Kennedy Square • F. Hopkinson Smith
... this, gentlemen?" says the vender, biting his lips: "the sale of this very interesting portion of this very interesting property is objected to by the attorney for the defendant at law. They must, therefore, be remanded to the custody of the sheriff, to await the decision of court." That court of strange judgments! The sheriff, that wonderful medium of slaveocratic power, comes forward, muttering a word of consolation; he will take them ...
— Our World, or, The Slaveholders Daughter • F. Colburn Adams
... in those days to an action for assault, battery, and false imprisonment, that the plaintiff was a lunatic, and that therefore the defendant had arrested him, confined ...
— Chapters in the History of the Insane in the British Isles • Daniel Hack Tuke
... of the cause then before the court were thus conclusively disposed of, whether the decision be regarded as bearing on the main issue between the parties, or on the plea in abatement filed by the defendant, avowing that Scott was not a citizen of Missouri,—an averment, if true, fatal to his standing in the Federal court,—since its jurisdiction of the cause depended on the citizenship of the litigants. In a word, if he was a slave, he was no citizen, ...
— Atlantic Monthly, Vol. 4, No. 25, November, 1859 • Various
... years enlistment in the Union Army and not unnaturally imbued with the extreme partisan views and prejudices against Mr. Johnson then prevailing—his predilections were sharply against the President, and his vote was counted upon accordingly. But he had sworn to judge the defendant not by his political or personal prejudices, but by the facts elicited in the investigation. In his judgment those facts did ...
— History of the Impeachment of Andrew Johnson, • Edumud G. Ross
... departing soul. But a dispute arose between two wealthy families concerning the ownership of some land near Bodmin. It appeared that Tregeagle, as steward to one of the claimants, had destroyed ancient deeds, forged others, and made it appear that the property was his own. The defendant in the trial by some means or other succeeded in breaking the bonds of death, and the spirit of Tregeagle was summoned to attend ...
— From John O'Groats to Land's End • Robert Naylor and John Naylor
... "No, sir. I'm the defendant myself," replied Bobtail, pleasantly; for the arrival of the captain seemed to settle all his trouble. "I am in stays just now, caught in going about, and there I hang. If you will just give me a pull on the lee side, I ...
— Little Bobtail - or The Wreck of the Penobscot. • Oliver Optic
... so much as a reasonable doubt of the justice of the laws, the benefit of that doubt must be given to the defendant, and not to the government. So that the government must keep its laws clearly within the limits of justice, if it would ask a jury ...
— An Essay on the Trial By Jury • Lysander Spooner
... extension of capitalism. It is precisely for that reason that the bourgeois ideologists—and all bourgeois economists are that—defend the Malthusian theories. Hence in Germany also and in particular the notion of "over-production" ever finds support among the bourgeoisie. Capital is the innocent defendant, the workingman ...
— Woman under socialism • August Bebel
... my American readers to add that a few years ago Count Willie Douglas was the defendant in an extraordinary lawsuit at Berlin which had an American end to it. It seems that some thirty years ago a man of the name of Brandt died in the United States, leaving a fortune of several millions of dollars. ...
— The Secret Memoirs of the Courts of Europe: William II, Germany; Francis Joseph, Austria-Hungary, Volume I. (of 2) • Mme. La Marquise de Fontenoy
... Morrison v. Philbrick, tried in the month of February, 1852, at the Court of Common Pleas for the county of Belknap. There was on both sides an array of eminent professional talent, Messrs. Pierce, Bell, and Bellows appearing for the defendant, and Messrs. Atherton and Whipple for the plaintiff. The case was one of almost unequalled interest to the public generally, and to the inhabitants of the country lying around the lower part of Lake Winnipiscogee. A company, commonly called the Lake Company, had become the owners ...
— Sketches and Studies • Nathaniel Hawthorne
... a result of appeals from the home stand-point of woman's sphere. As a financial measure diverting the supplies and lessening the profits of the liquor traffic, this law is a civil service reform of no mean promise for the abatement of pauper and criminal taxes. In a plea of counsel for defendant in a case of wife-beating to which I once listened, said the gentlemanly attorney: "If Patrick will let the bottle alone"—"Please, your honor," broke in the weeping wife, "if you will stop ...
— History of Woman Suffrage, Volume I • Elizabeth Cady Stanton, Susan B. Anthony, and Matilda Joslyn Gage
... the case, and secured a verdict for the defendant. I knew that every word Bob spoke was literally true, and the audacity of the enterprise so fascinated me that I resolved on the spot to undertake it, if it should be found, on going into details, that a ...
— For Treasure Bound • Harry Collingwood
... place in Judge Hathorne's court-room have never been equalled since in American jurisprudence. Powerful forces came into play there, and the reports that have been preserved read like scenes from Shakespeare. In the case of Rebecca Nurse, the Judge said to the defendant: ...
— The Life and Genius of Nathaniel Hawthorne • Frank Preston Stearns
... every one else, still giving new names to the things to which he attributed just the same force that others did, without proposing the least alteration in the ideas to be entertained of them? Would the advocate of a cause, when summing up for a defendant, deny that exile or the confiscation of his client's property was an evil?—that these things were to be rejected, though not to be fled from?—or would he say that a judge ought not ...
— The Academic Questions • M. T. Cicero
... solely on the hypothesis that, in the action brought by Austria against Serbia, no Power had the right to come forward as counsel for the defendant, or to interfere in the trial at all. This claim amounted to depriving Russia of her historic role in the Balkans. Carried to its logical conclusion, the theory meant condemning unheard every small State that should be unfortunate ...
— World's War Events, Vol. I • Various
... assisted by Mr. Ripton Thompson, appeared on behalf of the Plaintiff. Mr. Serjeant Cupid, Q.C., and Mr. Capital Opportunity, for the Defendant." ...
— The Shaving of Shagpat • George Meredith
... Whether with ale irriguous, or champaign? Whether they tread the vale of prose, or climb, And whet their appetites on cliffs of rhyme; The college sloven, or embroider'd spark; The purple prelate, or the parish clerk; The quiet quidnunc, or demanding prig; The plaintiff tory, or defendant whig; Rich, poor, male, female, young, old, gay, or sad; Whether extremely witty, or quite mad; Profoundly dull, or shallowly polite; Men that read well, or men that only write; Whether peers, porters, tailors, tune the ...
— The Poetical Works of Edward Young, Volume 2 • Edward Young
... venture to deny that it was his, and yet he could swear that this was not the picture for which he had bargained, and on which he had written his name. He suspected it to be a forgery; and was certain that, by some means, one picture had been substituted for another. Yet the defendant had witnesses to prove that the picture never was out of Mr. Gresham's sight, from the time he bargained for it, till the moment when he wrote his name on the back, in the ...
— Tales and Novels, Vol. VII - Patronage • Maria Edgeworth
... were almost invariably the cow-hunters' court of first and last resort for disputes of every nature. Except in rare instances where there happened to be survivors among the families of the original plaintiff and defendant, this form of litigation was never prolonged or tiresome. When there were any survivors the case was ...
— The Red-Blooded Heroes of the Frontier • Edgar Beecher Bronson
... where defendants resided; that a very short time before the suit was commenced your Petitioner was in Sangamon County for the purpose of collecting debts due him, and with the rest, the note in question, which note had then been given more than a year, that your Petitioner then saw the defendant J. L. Gerard who is the principal in said note, and solicited payment of the same; that said defendant then made no pretense that he did not owe the same, but on the contrary expressly promised that he would come into Springfield, in a very few days and either pay the money, or ...
— The Papers And Writings Of Abraham Lincoln, Complete - Constitutional Edition • Abraham Lincoln
... justice be this?" he cried to Zat Arrras. "The defendant has not been heard, nor has he had an opportunity to call others in his behalf. In the name of the people of Helium I demand fair and impartial treatment for ...
— The Gods of Mars • Edgar Rice Burroughs
... Mercy and quashed many an Indictment if the Defendant looked like a grateful Geezer who might be ...
— Ade's Fables • George Ade
... Graham saluted them; and, by his order, they took their places without the lists, and the trumpet sounded for the challenger. It was answered by the defendant, who soon after appeared, attended by three gentlemen his friends, with each one servant, beside his own ...
— The Old English Baron • Clara Reeve
... important methods of defence; as thereby inaccuracies of statement regarding time, place, etc., are often detected in criminal prosecutions, which otherwise might remain undiscovered. To this invaluable privilege of every defendant, I call your attention once more. Will you cross-question the witness ...
— At the Mercy of Tiberius • August Evans Wilson
... Ames. Then, in a voice trembling with anger: "Have you read the last week's issues? Then find your grounds in them! Make that girl a defendant too!" ...
— Carmen Ariza • Charles Francis Stocking
... my own account," said Wodehouse,—"it's no pleasure to me to be here. I'm staying for your brother's sake and—other people's; it's no pleasure to me, by Jove! I'd go to-morrow if I had my way—but I aint a fool," continued the sulky defendant: "it's of no use asking me such questions. By Jove, I've other things to think of than girls; and you know pretty well how much money I've got," he continued, taking out an old purse and emptying out the few ...
— The Perpetual Curate • Mrs [Margaret] Oliphant
... the goodness to tell us what you know of the robbery at the house of Peter Schroeder, and the part defendant had in it." ...
— The Hoosier Schoolmaster - A Story of Backwoods Life in Indiana • Edward Eggleston
... the courts. One autumn day Harvey C. Schauver went a-hunting on Big Lake, Arkansas, and finding no Ducks handy he shot a Coot, which was against the law. When the case came up in the Federal Court of Eastern Arkansas, the judge who presided declared that the federal law under which the defendant was being tried was unconstitutional, and wrote a lengthy decision, giving his reasons for holding this view. Within the next two months two other federal courts ...
— The Bird Study Book • Thomas Gilbert Pearson
... crisis Cicero made one of his most graceful and witty speeches, the Pro Murena. The defendant was charged with bribery in his candidature for the consulship, and among the ...
— The Student's Companion to Latin Authors • George Middleton
... to have heard, two or three years ago, of an action for damages brought against an eminent composer, on account of plagiarism in a musical composition; and that the defendant's argument was founded on the fact, that there exist very few really "original compositions," if originality excludes every form of plagiarism. And he adduced as examples the "See the conquering hero," of Handel; and the "Zitti Zitti," of Rossini. Can any of your readers refer me to the minutes ...
— Notes and Queries, Number 67, February 8, 1851 • Various
... a company promoter from London, who had induced several people to take shares in a bogus concern, and was consequently defendant in an action brought against him ...
— The Reminiscences of an Irish Land Agent • S.M. Hussey
... intense admiration as he gives a loud preparatory "Ahem!" and clears away the intricacies of the case with a sweep of that strong practical sense which distinguishes the New-England farmer,—getting at the very hinge of the matter, without any consciousness of his own precision, and satisfying the defendant by the clearness of his talk as much as by ...
— Dream Life - A Fable Of The Seasons • Donald G. Mitchell
... ask what he said for himself, in so good a Cause as this? The Plaintiff was in more Danger than the Defendant. ...
— Colloquies of Erasmus, Volume I. • Erasmus
... FIGTREE has time after time extricated himself from awkward situations into which he had been led by his ignorance of the details of the case in which he happened to be engaged. In the sensational libel case of Bagwell v. Muter, FIGTREE, as you must remember, appeared for the defendant. When the plaintiff's Junior Counsel had opened the pleadings, FIGTREE actually got up, and, had not his own Junior pulled him down, he would then and there have opened the case for the plaintiff. Yet FIGTREE's cross-examination ...
— Punch, Or The London Charivari, Vol. 101, December 12, 1891 • Various
... through the silent streets, and snatched me in an instant out of the abstraction into which I had fallen. Hard upon the cry there came to me the sound of steel ringing upon steel. I legged it through the empty road, flung myself round a corner, and came plump upon the combatants. The defendant was a lusty young fellow apparently about my own age, of extraordinary agility and no mean skill with the sword. He was giving a good account of himself against the four assailants who hemmed him against the ...
— A Daughter of Raasay - A Tale of the '45 • William MacLeod Raine
... only counsel for the defendant; and while I had to acknowledge that the circumstantial evidence was against him, I proved his general character for integrity, and showed that the common and criminal law were on our side, Coke ...
— Around The Tea-Table • T. De Witt Talmage
... it so happened that he read the letter just before attending the court upon a case in which he was counsel to the crown, the witnesses on the opposite side of the question felt the full effects of the barrister's ill humour. The case was one in which the defendant had been engaged in swindling transactions to a very large amount; and among his agents and assistants was a person of the very lowest orders, but who, seemingly enjoying large connections, and possessing natural acuteness ...
— Paul Clifford, Complete • Edward Bulwer-Lytton
... under the advice of Mr. Cowan, a gentleman of some distinction in the law, thought proper to bring an action of trespass against Mr. Venable, in the district court of New London. Mr. Henry appeared for the defendant, and is said to have disported himself in this cause to the infinite enjoyment of his hearers, the unfortunate Hook always excepted. After Mr. Henry became animated in the cause, says a correspondent [Judge Stuart], he appeared to have complete control over the passions of his ...
— Southern Literature From 1579-1895 • Louise Manly
... sternest or wisest of men disposed to be harsh toward errors that spring from a devotion to themselves. It is only just, as well as natural, that it should be so. If the second cause of the crime did not find an excuse for the defendant, I don't know where he or she would look for an advocate. St. Kevin need not have troubled himself: there were plenty of people ready to push poor Kathleen down. I think it is ...
— Guy Livingstone; - or, 'Thorough' • George A. Lawrence
... the privilege, when within the territories of a pagan State, of being tried for penal offences by Christian judges. In civil cases the jurisdiction is divided, the question at issue being adjudicated by a tribunal of the defendant's nationality; but in criminal cases jurisdiction is wholly reserved. Therefore powers making treaties with Oriental nations establish within the latter's borders consular courts which exercise what ...
— A History of the Japanese People - From the Earliest Times to the End of the Meiji Era • Frank Brinkley and Dairoku Kikuchi
... gave up practising in the forum, partly from shame, partly from fear. For, in a certain trial before the court of the One Hundred [923], having lashed the defendant as a man void of natural affection for his parents, he called upon him by a bold figure of speech, "to swear by the ashes of his father and mother which lay unburied;" his adversary taking him up for the suggestion, and the judges frowning upon ...
— The Lives Of The Twelve Caesars, Complete - To Which Are Added, His Lives Of The Grammarians, Rhetoricians, And Poets • C. Suetonius Tranquillus
... Bedouin came not, the Khalif sat in his council, with the Companions[FN132] surrounding him, like the stars about the moon, Abou Dherr and the plaintiffs being also present; and the latter said, 'O Abou Dherr, where is the defendant and how shall he return, having once escaped? But we will not stir hence, till thou bring him to us, that we may take our wreak of him.' 'As the All-Wise King liveth,' replied Abou Dherr, 'if the days of grace expire and the young man return not, I will fulfil my warranty and surrender myself ...
— The Book Of The Thousand Nights And One Night, Volume IV • Anonymous
... political contest with Mr. Small, and defended his own cause so successfully that the jury gave him a verdict; and they are even said, according to Mr. Lindsey's 'Life of Mr. Mackenzie,' to have debated among themselves whether it was not competent for them to award damages to the defendant for the annoyance of a frivolous prosecution. Mr. Howe's debut as an advocate was in connection with a matter of much graver importance. He had the courage, at a time when there existed many abuses apparently without hope of redress, to attack the Halifax Bench of Magistrates, ...
— The Intellectual Development of the Canadian People • John George Bourinot
... celebrated Mackintosh, who, according to the accounts of the time, displayed great eloquence on this occasion, yet, in spite of the ability of his counsel, he was convicted. The verdict, which public opinion considered in the light of a triumph for the defendant, was not followed up by any judgment, in consequence of the rupture of the peace occurring soon after. It is melancholy to reflect that this nervous susceptibility to the libels of the English papers contributed certainly as much as, and perhaps ...
— Memoirs of Napoleon Bonaparte, Complete • Louis Antoine Fauvelet de Bourrienne
... with a murrain to her, she cast her bewitching eye upon me. I no sooner met it but I bowed like a great surprized booby; and knowing her cause was to be the first which came on, I cried, like a great captivated calf as I was, 'Make way for the defendant's witnesses.' This sudden partiality made all the county immediately see the sheriff also was become a slave to the fine widow. During the time her cause was upon trial, she behaved herself, I warrant ...
— The Best of the World's Classics, Restricted to Prose, Vol. IV (of X)—Great Britain and Ireland II • Various
... opened in court, not by lawyers, but by the parties themselves, though both plaintiff and defendant were women. Commentators thing that it had already been tried in the lower courts, and the judges not being able to arrive at a satisfactory decision, preferred to submit the case to Solomon the King. It was an ...
— The Woman's Bible. • Elizabeth Cady Stanton
... damages sustained by the plaintiff are assessed by a jury according to the evidence. You kindly save the master the trouble of proving the value of his lost property, and give him out of the pockets of the defendant $1,000, no matter whether the slave was sick or well, young or old. If a woman escapes with a child at the breast, the master is to have $2,000! Recollect, Sir, this is for damages to the slaveholder; the trespasser is to pay to the government, which was to have nothing to do with slavery, ...
— A Letter to the Hon. Samuel Eliot, Representative in Congress From the City of Boston, In Reply to His Apology For Voting For the Fugitive Slave Bill. • Hancock
... with much attention, but had only heard parts of it occasionally. He, however, talked of it, and said, 'I am of opinion that positive proof of fraud should not be required of the plaintiff, but that the Judges should decide according as probability shall appear to preponderate, granting to the defendant the presumption of filiation to be strong in his favour. And I think too, that a good deal of weight should be allowed to the dying declarations, because they were spontaneous. There is a great difference between what is said without our being urged to it, and what is said from ...
— Life Of Johnson, Vol. 2 • Boswell
... witness in a trial for libel then pending. It appears that some one was to be sued for a libel on a naval officer, censuring his conduct in the West Indies; and it was suggested that if he (the defendant) could get Napoleon's evidence to prove that the French ships were at that time unserviceable, his case would be strengthened. An attorney therefore came down to Plymouth armed with a subpoena, with which he chased Keith on land and chased him by ...
— The Life of Napoleon I (Volumes, 1 and 2) • John Holland Rose
... Houston at auction to J.F. Lapice, against whom the negro now brought suit under the aegis of the British consul. While the trial was yet pending a local newspaper printed his whole narrative that it might "assist the plaintiff to prove his freedom, or the defendant to prove he ...
— American Negro Slavery - A Survey of the Supply, Employment and Control of Negro Labor as Determined by the Plantation Regime • Ulrich Bonnell Phillips
... natives are necessarily unacquainted, has given rise in their palavers to (what I little expected to find in Africa) professional advocates, or expounders of the law, who are allowed to appear and to plead for plaintiff or defendant, much in the same manner as counsel in the law courts of Great Britain. They are Mahomedan Negroes who have made, or affect to have made, the laws of the Prophet their peculiar study; and if I may judge from their harangues, which I frequently attended, I believe that in ...
— Life and Travels of Mungo Park in Central Africa • Mungo Park
... Oates and Dangerfield were still within the reach of the stern prince whom they had wronged. James, a short time before his accession, had instituted a civil suit against Oates for defamatory words; and a jury had given damages to the enormous amount of a hundred thousand pounds. [269] The defendant had been taken in execution, and was lying in prison as a debtor, without hope of release. Two bills of indictment against him for perjury had been found by the grand jury of Middlesex, a few weeks before the death of ...
— The History of England from the Accession of James II. - Volume 1 (of 5) • Thomas Babington Macaulay
... case selected for a test was the case of the Rev. James Maury against the sheriff of Hanover County and his sureties. It was set for trial at the December term of the County Court of Hanover, 1763. Henry was retained for the defendant, and made an argument so forcible, so conclusive, and so eloquent that it has made his fame as "the greatest orator who ever lived," as Mr. Jefferson wrote of him. He took the ground that allegiance and protection in government are reciprocal, that the King of Great Britain had ...
— Great Men and Famous Women. Vol. 4 of 8 • Various
... remembered the defendant Ray as a captain in the trained bands of the late Parliament. Ray was always proud and arrogant. He had supplanted the captain whose captaincy he ...
— The Shadow of a Crime - A Cumbrian Romance • Hall Caine
... as our former Assistant Attorney General of the United States surely knows, compels no one to give testimony that tends to incriminate, and, furthermore, does not construe failure to testify on the grounds that it will tend to incriminate against the defendant. In the law the defendant is entitled to every reasonable doubt. It is also conceivable that a reasonable time for the defense to present its case would be ...
— The New York Times Current History of the European War, Vol. 1, January 9, 1915 - What Americans Say to Europe • Various
... was a pattern of artlessness and innocence. That she was remarkable from early childhood for a charming frankness and transparent candor. That when this bright ornament of the Jigbee stock was sought in marriage by the defendant, the whole family, with one mind and voice, opposed the match. They had felt that a being of her exalted intellectual tastes was too good for a sordid money-getting creature like Slapman. But that man, by his ingenious artifices, had succeeded in winning the hand of their ...
— Round the Block • John Bell Bouton
... and the poems are connected with this general statement of his case, by particular dates, substantiating the age at which each was written. Now, the law upon the point of minority, we hold to be perfectly clear. It is a plea available only to the defendant; no plaintiff can offer it as a supplementary ground of action. Thus, if any suit could be brought against Lord Byron, for the purpose of compelling him to put into court a certain quantity of poetry; and if judgment were given against him; it is highly ...
— Early Reviews of English Poets • John Louis Haney
... crown in the theatre during the great Dionysiac festival, on account of the services he had conferred upon his country. For proposing this decree AEschines indicted Ctesiphon; but though the latter was the nominal defendant, it was Demosthenes who was really put upon his trial. The case was decided in 330 B.C., and has been immortalised by the memorable and still extant speeches of AEschines 'Against Ctesiphon' and ...
— A Smaller History of Greece • William Smith
... had suddenly changed, and the plaintiff had taken the place of the defendant. Even before the excitement had quieted down, I saw the sheriff, at the instigation of Reigart and others, stride forward to Gayarre, and placing his hand upon the shoulder of the latter, ...
— The Quadroon - Adventures in the Far West • Mayne Reid
... who is physically and mentally able to judge what he observes under such circumstances? A third factor which the jury must consider is the possibility of prejudice on the part of the witness. Has he any reason to feel more favorably toward one side than toward the other? Is the defendant his friend or relative or employer? A final consideration is what is commonly called "interest in the case." It is clear that if the witness will be benefited by a certain verdict, he may be inclined to frame his evidence in such a way that it will tend toward that verdict. All these considerations ...
— Elements of Debating • Leverett S. Lyon
... the second was justified by a similar necessity that produced similar effects. To impartial eyes a people may be vindicated without traducing those whom a people are driven to oppose. In such august and complicated trials the accuser and defendant ...
— Athens: Its Rise and Fall, Complete • Edward Bulwer-Lytton
... the following anecdote was circulated of Mr. Justice Lawrence. A cause had been tried before him at York, in which he had summed up to the jury to find a verdict for the defendant, which they accordingly did. On further consideration, it appeared to him that he had mistaken the law. A verdict having been recorded against the plaintiff, he had no redress; but it was said, that ...
— The Mirror of Literature, Amusement, and Instruction, Vol. 20, - Issue 573, October 27, 1832 • Various
... In vain Defendant proffered proof That Plaintiff's self was the Father of Evil— Brought Hoby forth to swear to the hoof And Stultz to speak to the ...
— The Complete Poems of Sir Thomas Moore • Thomas Moore et al
... Jewish and Catholic disqualification was maintained; the game-laws and the rotten-borough system, which conferred on the nobility and gentry arbitrary power over the purse and person of the commonalty, were determinedly upheld; counsel was only nominally allowed to the defendant in criminal cases; chancery withheld or plundered without resistance or appeal; and there can be no doubt that life and property were better protected by law in France at the fall of the First Napoleon than in Great Britain. Nevertheless, ...
— Lippincott's Magazine of Popular Literature and Science, Vol. 17, - No. 97, January, 1876 • Various
... legal; and on the establishment of peace, Hook, under the advice of Mr. Cowan, a gentleman of some distinction in the law, thought proper to bring an action of trespass against Mr. Venable, in the district court of New London. Mr. Henry appeared for the defendant, and is said to have disported himself in this cause to the infinite enjoyment of his hearers, the unfortunate Hook always excepted. After Mr. Henry became animated in the cause, says a correspondent [Judge Stuart], he appeared to have complete control ...
— Southern Literature From 1579-1895 • Louise Manly
... changed, and the plaintiff had taken the place of the defendant. Even before the excitement had quieted down, I saw the sheriff, at the instigation of Reigart and others, stride forward to Gayarre, and placing his hand upon the shoulder of the latter, arrest ...
— The Quadroon - Adventures in the Far West • Mayne Reid
... reputed father of the claimant, died in June 1764; but, before his decease, his depositions were taken in the presence of two ministers and of a justice of the peace. He asserted, "as one slipping into eternity, that the defendant (Archibald Stewart) and his deceased twin-brother were both born of the body of Lady Jane Douglas, his lawful spouse, in the ...
— Celebrated Claimants from Perkin Warbeck to Arthur Orton • Anonymous
... the judge, "is very well put. Following it logically, I sentence the defendant's arm to one year's imprisonment. He can accompany it or ...
— Toaster's Handbook - Jokes, Stories, and Quotations • Peggy Edmund & Harold W. Williams, compilers
... authority," in the words of an ancient jurist, "with the law itself." [55] An appeal lay to his tribunal from those of the territorial and royal judges. [56] He could even evoke a cause, while pending before them, into his own court, and secure the defendant from molestation on his giving surety for his appearance. By another process, he might remove a person under arrest from the place in which he had been confined by order of an inferior court, to the public prison appropriated to this purpose, there to abide his own examination of the ...
— History of the Reign of Ferdinand and Isabella V1 • William H. Prescott
... Act of Parliament tardily created "the Court of Civil Jurisdiction of our Lord the King at St. John's in the island of Newfoundland," which Court was empowered to try all civil cases except those relating to land, and which usually began actions by the peremptory procedure of arresting the defendant and attaching his goods. The following year a supreme Court of Civil and Criminal Judicature was instituted which superseded the Court erected the previous year, put an end to the authority of the "fishing-admirals," of the Courts held in summer by surrogates ...
— The Story of Newfoundland • Frederick Edwin Smith, Earl of Birkenhead
... and C are unimpeached, their testimony as to the fact cannot lawfully be rejected on any ground, except that they may be interested in the result of the trial, and might be benefited by the conviction or the acquittal of the defendant. But this is an objection that would hold against the evidence of a Mason, as ...
— The Principles of Masonic Law - A Treatise on the Constitutional Laws, Usages And Landmarks of - Freemasonry • Albert G. Mackey
... or delegated ad hoc. The first move was made against him in September, before a court whose business was not to adjudicate, but to lay its conclusions before the Pope himself. Cranmer declined to recognise the authority, answering the charges brought against him not as a defendant on trial but as making a public profession of his views. Judgment however could not be passed till the results were submitted to the Pope. In the meantime, Ridley and Latimer were condemned under legatine ...
— England Under the Tudors • Arthur D. Innes
... husband, and had borne with several defects of temper, while he had nothing criminal to lay to the charge of his wife. But that she left his house without assigning any cause. He could not assert that she was then acquainted with the defendant; yet, when he was once endeavouring to bring her back to her home, this man put the peace-officers to flight, and took her he knew not whither. After the birth of her child, her conduct was so strange, and a melancholy malady having afflicted one ...
— Posthumous Works - of the Author of A Vindication of the Rights of Woman • Mary Wollstonecraft
... you see the defendant, Oliver Symmes, enter the apartment of the deceased on the night of the Thirty-first of December, ...
— Life Sentence • James McConnell
... it, have all their fixed prices. Have you a lawsuit, the judge announces to you that so much has been offered by your opponent, and so much is expected from you, if you desire to win your cause. When you are the defendant against the Crown, the attorney or solicitor-general lets you know that such a douceur is requisite to procure such an issue. Even in criminal proceedings, not only honour, but life, may be ...
— Memoirs of the Court of St. Cloud, Complete - Being Secret Letters from a Gentleman at Paris to a Nobleman in London • Lewis Goldsmith
... John Hill Lamb, another defendant, related how several times a gun was poked through his cell window by some one who was aching to get a pot shot at him. Being ever watchful he hid under his bunk and close to the wall where the would-be murderer ...
— The Centralia Conspiracy • Ralph Chaplin
... physically and mentally able to judge what he observes under such circumstances? A third factor which the jury must consider is the possibility of prejudice on the part of the witness. Has he any reason to feel more favorably toward one side than toward the other? Is the defendant his friend or relative or employer? A final consideration is what is commonly called "interest in the case." It is clear that if the witness will be benefited by a certain verdict, he may be inclined to frame ...
— Elements of Debating • Leverett S. Lyon
... the woman in charge. The Inspector said: "There has been at times a number of women residing in the house, and I do not know what has become of them. I believe that they have been sent to California by the defendant." One of the girls being recalled, and seeming to have gained courage, witnessed that she had been in the house when several women had been brought there and after some time had been sent away to California. She had been present when bargains ...
— Heathen Slaves and Christian Rulers • Elizabeth Wheeler Andrew and Katharine Caroline Bushnell
... by the lawful plaintiffs, who had a right originally to recover the money. They are the persons who would have to pay the costs, unless your lordships consent to insert the clause proposed by my noble friend. Somebody must pay the costs after all. But it is said that the defendant is not to pay the costs, and that he is to be let out of prison. Well, you may let him out, if you please; but, surely, you would not call upon the plaintiffs to pay the costs incurred by his conduct? That would not be ...
— Maxims And Opinions Of Field-Marshal His Grace The Duke Of Wellington, Selected From His Writings And Speeches During A Public Life Of More Than Half A Century • Arthur Wellesley, Duke of Wellington
... more effective. Thus the rifle and pistol were almost invariably the cow-hunters' court of first and last resort for disputes of every nature. Except in rare instances where there happened to be survivors among the families of the original plaintiff and defendant, this form of litigation was never prolonged or tiresome. When there were any survivors the case was ...
— The Red-Blooded Heroes of the Frontier • Edgar Beecher Bronson
... in intent, if not in deed. I shall have little difficulty in shewing your worship that the crime was premeditated, and that the defendants were literally thirsting to avenge themselves in this bloodthirsty manner. I shall shew the Court that the defendant Morris set himself to avenge a wrong—or rather what his warped imagination considered a wrong—and, coward that he was, thinking that man to man would be an unequal match he sought an accomplice in the man by his side. Both of them hounded my client down, tracked him over the whole country—and ...
— Australia Revenged • Boomerang
... this rambling burlesque was continued, with a manner of delivery indescribably ludicrous, only now and then touching upon the cause on trial, and then only to fling ridicule upon some of the points previously argued for the defendant. ...
— The Story of Cooperstown • Ralph Birdsall
... the suit was a quarrel among the trustees over the division of the plunder. One of the trustees refused to permit another access to the books. Judge Ingersoll issued an injunction restraining the defendant trustees from withholding such books and papers.] The result of this system is that here comes a man—as old Vanderbilt seems to be—I never saw him, but his operations have excited my admiration—and he runs right at them and says disgorge ...
— Great Fortunes from Railroads • Gustavus Myers
... at a municipal election a defendant told the Carlisle Bench that it was only a frolic. The Bench, entering into the spirit of the thing, told the man to go and have a good frisk in ...
— Punch, or the London Charivari, Vol. 158, January 28th, 1920 • Various
... indicted for embezzling the funds of the bank. This was one of the causes celebres of the day. Wyman had been a business man of high standing. Such offences were rare in those days, and the case would have attracted great attention whoever had been for the defence. But the defendant's counsel were Daniel Webster, Rufus Choate, Franklin Dexter, and my brother, E. R. Hoar, a young man lately admitted to the bar. Mr. Webster, notwithstanding his great fame as a statesman, is said never to have lost his eager interest in causes in which he was retained. When he found ...
— Autobiography of Seventy Years, Vol. 1-2 • George Hoar
... materials, rather splendid, to strike the eye at once. Her son, on the contrary, wished for something simple and elegant. So in front of everything put before them they had each repeated their arguments. She declared that a client, a defendant, must be impressed; that as soon as he is shown into his counsel's waiting-room he should ...
— The Works of Guy de Maupassant, Volume VIII. • Guy de Maupassant
... the fact. In civil cases, the combat was not allowed as the means of establishing the claim of the demandant; but he was obliged to produce witnesses who had, or assumed to have, knowledge of the fact. The combat was then the privilege of the defendant; because he charged the witness with an attempt by perjury to take away his right. He came therefore to be in the same situation as the appellant in criminal cases. It was not then as a mode of proof that the combat was received, nor as making negative evidence, (according to ...
— The History of The Decline and Fall of the Roman Empire - Volume 5 • Edward Gibbon
... of the truth, in order that under the legitimate name of court they may fulfill their desire. This is what happens in monarchies. In democracies, when any one is accused of committing a private wrong, he is made defendant in a private suit before judges who are his equals: or, if he is accused for a public crime, such a man has empaneled a jury of his peers, whoever the lot shall designate. It is easier for men to bear their decisions, since they do not think that any verdict rendered ...
— Dio's Rome, Vol. 4 • Cassius Dio
... anticipated alarms receded with the deadening of her heart to meet the shock. She fancied she had put on proof-armour, unconscious that it was the turning of the inward flutterer to steel, which supplied her cuirass and shield. The necessity to brave society, in the character of honest Defendant, caused but a momentary twitch of the nerves. Her heart beat regularly, like a serviceable clock; none of her faculties abandoned her save songfulness, and none belied her, excepting a disposition to tartness almost venomous in the sarcastic shafts she let ...
— The Shaving of Shagpat • George Meredith
... court at the assizes, and the counsel for the plaintiff got up and stated the case, offering to call his evidence, but first submitted that he could not find that any one was retained on behalf of the defendant, and that, therefore, he probably meant to suffer the cause to go by default. The court inquired whether any counsel at the bar was instructed to appear for Darbyshire, in the case Shiffnal v. Darbyshire, but there was no reply; and learned gentlemen ...
— Stories of Comedy • Various
... troops for the King's service, he felt the position was hopeless. Anselm's longing had been to labour with the King, as Lanfranc had laboured, to promote religion in the country, and he had been frustrated at every turn. The summons to the King's Court was the last straw, for the defendant in this Court was entirely at the mercy of the Crown. "When, in Anglo-Norman times you speak of the King's Court, it is only a phrase for the King's despotism."[6] Anselm took no notice of the King's summons, and decided to appeal ...
— The Rise of the Democracy • Joseph Clayton
... public than this cause celebre. It is better known than many a real case: for every one knows the Judge, his name and remarks—also the Counsel—(notably Sergeant Buzfuz)—the witnessess, and what they said—and of course all about the Plaintiff and the famous Defendant. It was tried over seventy years ago at "the Guildhall Settens," and was described by Boz some sixty-three years ago. Yet every detail seems fresh—and as fresh as ever. It is astonishing that a purely technical sketch like this, whose humours might be relished only by such specialists as Barristers ...
— Bardell v. Pickwick • Percy Fitzgerald
... 7th day of October, 1816. The proper pleas were filed, and by consent the cause was carried directly to the Superior Court of New Hampshire, by appeal, and entered at the May Term, 1817. The general issue was pleaded by the defendant, and joined by the plaintiffs. The facts in the case were then agreed upon by the parties, and drawn up in the form of a special verdict, reciting the Charter of the college and the acts of the Legislature of the State, passed June and ...
— The History of Dartmouth College • Baxter Perry Smith
... however, I discovered that his sentiments regarding the prisoner are exactly the same as those entertained by myself. What these are I need hardly say. It is now a struggle between the authority of the Provisional Government and a horde of rebellious persons of which the defendant is the most dangerous. The eyes of our followers are upon us; and if we permit the authority of Government to be defied, its officers reviled, and insult heaped upon us, depend upon it we shall speedily ...
— Annette, The Metis Spy • Joseph Edmund Collins
... horror, swore positively that he never took a stone in his hand on the day in question; that he never saw a stone for a week before or after that date; that he did not deny having rushed into the passage to assist the complainant (drunken surgeon), seeing him being murdered by defendant; and, lastly, that he was never near the place on the day specified. So it would have gone hard with our Doctor, had not his Honour called the jury's attention to the discrepancies in this witness's evidence; and when Dr. Mulhaus was acquitted, delivered ...
— The Recollections of Geoffrey Hamlyn • Henry Kingsley
... restrain you from plying this ferry for hire pending a suit Killow versus Vro in which you are named as defendant." ...
— Shining Ferry • Sir Arthur Thomas Quiller-Couch
... stern prince whom they had wronged. James, a short time before his accession, had instituted a civil suit against Oates for defamatory words; and a jury had given damages to the enormous amount of a hundred thousand pounds. [269] The defendant had been taken in execution, and was lying in prison as a debtor, without hope of release. Two bills of indictment against him for perjury had been found by the grand jury of Middlesex, a few weeks before the death of Charles. Soon after the close of the elections ...
— The History of England from the Accession of James II. - Volume 1 (of 5) • Thomas Babington Macaulay
... whose countenance fell when he understood the Count's condition; nor would he open his mouth in the style of consolation, until he had consulted a certain solicitor of his acquaintance, who assured him the law abounded with such resources as would infallibly screen the defendant, had the fact been still more palpable than it was. He said there was great presumption to believe the Count had fallen a sacrifice to a conspiracy, which by some means or other would be detected; and, in that case, the plaintiff might obtain one shilling in lieu of damages. If that dependence ...
— The Adventures of Ferdinand Count Fathom, Complete • Tobias Smollett
... afterward he was in de witness box. De nigger lawyer say: 'Now, Mister Chisolm, tell your tale in your own way.' Daddy say: 'I saw de defendant and de man, now dead, as they meet. They glare at each other and begin to talk harsh and cuss each other. Then, one strike at de other and they back 'way and begin to reach in deir hind pockets.' Daddy stop, and de nigger lawyer fairly scream: 'Yes, yes, go on!' 'That all I saw,' say my daddy, ...
— Slave Narratives Vol. XIV. South Carolina, Part 1 • Various
... gives an outline of the case, using for the most part the statements of the counsel for the defendant, Farr; so that for practical purposes the following may be taken as the coal companies' own account of their domain: "Round the shaft of each mine are clustered the tipple, the mine office, the shops, sheds and outbuildings; and huddled close by, ...
— King Coal - A Novel • Upton Sinclair
... the respective parties, and decided accordingly. Imagine the speedy redress gained by a muddy-veined peasant against one of the cousins; who, of course, had as many quarterings as the Margrave himself. The defendant was regularly acquitted. At length, a man's house having been burnt down out of mere joke in the night, the owner had the temerity in the morning to accuse one of the privileged, and to produce, at the same tune, a shield, with exactly one ...
— Vivian Grey • The Earl of Beaconsfield
... of Notice. If a notice of copyright in the form and position specified by this section appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant's interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in the last sentence of ...
— Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 • Library of Congress. Copyright Office.
... cause then before the court were thus conclusively disposed of, whether the decision be regarded as bearing on the main issue between the parties, or on the plea in abatement filed by the defendant, avowing that Scott was not a citizen of Missouri,—an averment, if true, fatal to his standing in the Federal court,—since its jurisdiction of the cause depended on the citizenship of the litigants. In a word, if he was a slave, he was no citizen, If he was the slave ...
— Atlantic Monthly, Vol. 4, No. 25, November, 1859 • Various
... important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if the work carries a proper notice, the court will not *give any weight to a defendant's interposition of an innocent infringement defense*—that is, that he or she did not realize that the work was protected. An innocent infringement defense may result in a reduction in damages that the ...
— Supplementary Copyright Statutes • Library of Congress. Copyright Office.
... but I call the attention of the judge to a very remarkable coincidence. Have the missing stamps or money been found on the person of the defendant?" ...
— Do and Dare - A Brave Boy's Fight for Fortune • Horatio Alger, Jr.
... at once over the Amphitryon with whom he dines, and the most captious member of his church or vestry. He has an immense advantage over all other public speakers. The platform orator is subject to the criticism of hisses and groans. Counsel for the plaintiff expects the retort of counsel for the defendant. The honorable gentleman on one side of the House is liable to have his facts and figures shown up by his honorable friend on the opposite side. Even the scientific or literary lecturer, if he is dull or incompetent, may see the best part ...
— The Essays of "George Eliot" - Complete • George Eliot
... virgin pencil blue, Marked and perused you through and through. The story brief, instructions short, Defendant in a County Court, It needed not an ounce of sense To see that you had no defence. But, erudite in English law, I ...
— Punch, or the London Charivari, Vol. 103, October 29, 1892 • Various
... himself from a group of men at the corner of the square, the defendant in the case of Kenwright vs. Billings made a bee-line for ...
— Viola Gwyn • George Barr McCutcheon
... procured work for him as a day laborer in a factory, which mode of subsistence not suiting the Frenchman's taste, he had slipped out of, and ran off, before commencing work. It was soon evident, from the juxtaposition of the two, one as accusant, the other defendant, which was not to be mistaken, even by a person ignorant of the language in which they spoke, that all was not right. His friends, the ladies, stared, when, upon each renewed attempt to convict him, he would assure, in the most self-possessed and ...
— A Biographical Sketch of the Life and Character of Joseph Charless - In a Series of Letters to his Grandchildren • Charlotte Taylor Blow Charless
... expected, it allowed great weight to the distinction taken by the brigadier. The decision was in the following words, viz.: "Rex et Regina versus No. 1, sea-water-color: ordered, that the officers of justice shall proceed forthwith to decaudizate the defendant before they decapitate him; provided he has not been forthwith decapitated before ...
— The Monikins • J. Fenimore Cooper
... asked, that a culprit should be denied a sight of his indictment? Often an unhappy prisoner had not known of what he was accused till he had held up his hand at the bar. The crime imputed to him might be plotting to shoot the King; it might be plotting to poison the King. The more innocent the defendant was, the less likely he was to guess the nature of the charge on which he was to be tried; and how could he have evidence ready to rebut a charge the nature of which he could not guess? The Crown had power to compel the attendance of witnesses. The prisoner had no such power. If witnesses voluntarily ...
— The History of England from the Accession of James II. - Volume 4 (of 5) • Thomas Babington Macaulay
... for a matter of right, litigating between the old country and the new; and she felt the same kind and degree of horror, as if she had seen an oppressive plaintiff, at the head of a band of ruffians, enter the court, while the cause was before it, and put the judge, the jury, the defendant and his counsel, to the sword. Perhaps a more heart-felt convulsion never reached a country with the same degree of power and rapidity before, and never may again. Pity for the sufferers, mixed with indignation at the violence, ...
— The Writings Of Thomas Paine, Complete - With Index to Volumes I - IV • Thomas Paine
... in ornamenting their principal square with a botanical garden. Then the Governor has to attend to complaints against public officers. The Commissioner of the Civil Court has proved himself to be an unjust judge by deciding for the defendant contrary to the truth, as proved by the plaintiff; or the Commissioner of the Court of Requests has received a bribe of three-and-fourpence, and refused to listen to the complainant's story. The magistrates have granted a spirit license to a notorious character, and denied one to the applicant, ...
— The Bushman - Life in a New Country • Edward Wilson Landor
... refuse it, and would thereby put himself, in Norman eyes, yet more thoroughly in the wrong. For the challenge was one which Harold could not but refuse. William looked on himself as one who claimed his own from one who wrongfully kept him out of it. He was plaintiff in a suit in which Harold was defendant; that plaintiff and defendant were both accompanied by armies was an accident for which the defendant, who had refused all peaceful means of settlement, was to blame. But Harold and his people could not look on the matter as a mere question ...
— William the Conqueror • E. A. Freeman
... the eloge or the libellous pasquinade, too generally the author appears ex officio as the constant 'patronus' or legal advocate for the person recorded. And so he ought, if we understand that sort of advocacy which in English courts the judge was formerly presumed to exercise on behalf of the defendant in criminal trials. Before that remarkable change by which a prisoner was invested with the privilege of employing separate counsel, the judge was his counsel. The judge took care that no wrong was done to him; that no false impression was left with the jury; that the witnesses against him should ...
— The Posthumous Works of Thomas De Quincey, Vol. 1 (2 vols) • Thomas De Quincey
... 1597: "De recusantibus et aliis excommunicatis publice denunciandis." Cardwell, Syn., i, 156. Also Croke's Eliz. Rep., Leache's ed. (1790), i, Pt. ii, 838, where a plaintiff sues for damages because defendant, a curate, maliciously erased the original name in an instrument of excommunication and inserted plaintiff's name, "and read it in the church, whereupon he was inforced to be absent from divine service, ...
— The Elizabethan Parish in its Ecclesiastical and Financial Aspects • Sedley Lynch Ware
... Chase's lot to preside successively at the trial of Thomas Cooper for sedition, at the second trial of John Fries for treason, and at the trial of James Thompson Callender at Richmond for sedition. On each of the two latter occasions the defendant's counsel, charging "oppressive conduct" on the part of the presiding judge, had thrown up their briefs and rushed from the court room. In 1800 there were few Republicans who did not regard Chase as "the ...
— John Marshall and the Constitution - A Chronicle of the Supreme Court, Volume 16 In The - Chronicles Of America Series • Edward S. Corwin
... Royal Academicians were all busy varnishing their pictures for the forthcoming exhibition at Burlington House when the Great Sala-Furniss Libel Case was heard on Friday last, and that in their absence you have had to apply to me (the defendant) for sketches of the scene in Court. What a chance Mr. Calderon has missed for a companion picture to the one he is painting of another great legal battle—the Parnell Commission! A picture in next year's Royal Academy of ...
— The Confessions of a Caricaturist, Vol 2 (of 2) • Harry Furniss
... trial. Wall, after Jim Lawson had heered both sides of the case, he sed: "The Cort is compelled, from the evidence sot forth in this case, to find for the plaintiff, the aforesaid Silas Pettingill, as agin' the defendant, the aforesaid Elijah Willet. We find from the evidence sot forth that the cow critter in question is a valuable critter, and wuth more 'n a year's paster and keep, and, tharfore, it is the verdict of this cort that the aforesaid defendant, Elijah Willet, shall keep ...
— Uncles Josh's Punkin Centre Stories • Cal Stewart
... rishis, les Gandharvas, les hommes sanctifies par la penitence; et, quoique, destructeur des sacrifices, lacerateur des Saintes Ecritures, ennemi des brahmes, devorateur des hommes, cette faveur incomparable sauve de la mort Ravana le triste fleau des mondes. Il ose attaquer les rois, que defendant les chars de guerre, que remparent les elephants: d'autres blesses et mis en fuite, sont dissipes ca et la devant lui. Il a devore des saints, il a devore meme une foule d'apsaras. Sans cesse, dans son delire, il s'amuse a tourmenter les sept mondes. Comme on vient de nous apprendre qu' il n'a ...
— The Ramayana • VALMIKI
... lawyer. I was at times associated with him as a junior counsel in the trial of law suits. I was employed in a murder case which Lincoln and Logan were defending, I being the boy lawyer in the case. They made a wonderful defence. I do not know whether the defendant was guilty or not, but I do know that ...
— Fifty Years of Public Service • Shelby M. Cullom
... then, my Emmeline, and place my case in Ellen's hands as counsel for the defendant, or throw ...
— The Mother's Recompense, Volume I. - A Sequel to Home Influence in Two Volumes. • Grace Aguilar
... The defendant was ordered to prison to be tried the next day, time being given to make further inquiries about ...
— The Anti-Slavery Examiner, Omnibus • American Anti-Slavery Society
... wistful in all she encountered, that at last, with a murrain to her, she cast her bewitching eye upon me. I no sooner met it but I bowed like a great surprized booby; and knowing her cause was to be the first which came on, I cried, like a great captivated calf as I was, 'Make way for the defendant's witnesses.' This sudden partiality made all the county immediately see the sheriff also was become a slave to the fine widow. During the time her cause was upon trial, she behaved herself, I warrant you, with such a deep attention to her business, took opportunities to have little billets ...
— The Best of the World's Classics, Restricted to Prose, Vol. IV (of X)—Great Britain and Ireland II • Various
... read the local events, then the court proceedings, and, if in the police court it reports that the defendant or plaintiff is a merchant, then Aristid Kuvalda sincerely rejoices. If someone has robbed the merchant, "That is good," says he. "Only it is a pity they robbed him of so little." If his horses have broken down, "It is sad that he is still alive." If the merchant has lost his suit ...
— Creatures That Once Were Men • Maxim Gorky
... they were a prolific race—swore that their distinguished relative was a pattern of artlessness and innocence. That she was remarkable from early childhood for a charming frankness and transparent candor. That when this bright ornament of the Jigbee stock was sought in marriage by the defendant, the whole family, with one mind and voice, opposed the match. They had felt that a being of her exalted intellectual tastes was too good for a sordid money-getting creature like Slapman. But that man, by his ingenious artifices, had ...
— Round the Block • John Bell Bouton
... doubtful whether he can come up to the scratch without a refresher. And so he is taken to his corner by his client and dosed with another L100. Then all his ardour returns. He sees the thing as clear as daylight—the radiant innocence of the plaintiff, the black perfidy of the defendant. To-morrow evening the vision will have faded again, but another L100 will make it as plain as ever. Yes, it is a good word—"refresher"—a candid word, an honest word. It puts the relation on a sound business ...
— Pebbles on the Shore • Alpha of the Plough (Alfred George Gardiner)
... A defendant in a County Court case heard in London last week stated in his evidence that two of his daughters were working and the other was a ...
— Punch, or the London Charivari, Vol. 156, Apr 2, 1919 • Various
... and the damages under that judgment paid, the property which is the subject of the action, and which may have originally been wrongfully taken, becomes transferred; the damages take the place of the property, the defendant has paid for his wrongful act, or, in other words, has paid for the property. The same principle applies to the case of the fugitive slave who is rescued from the custody of the law, when his owner has consented to accept payment for him. The legal right of the owner in the slave ...
— A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention • Lucius Eugene Chittenden
... what he said for himself, in so good a Cause as this? The Plaintiff was in more Danger than the Defendant. ...
— Colloquies of Erasmus, Volume I. • Erasmus
... "Defendant, indeed! I wanted to make that girl my wife. Oh! you were quite a little thing then, a wee wee little lass, scarcely so big as my finger. You were learning to dance in those days and had not yet appeared ...
— The Day of Wrath • Maurus Jokai
... then proceeded; but as it would prove, probably, rather tiresome to the generality of our readers, we shall not give it at length. It was quite evident, however, that the plaintiff and defendant both were well acquainted with the vacillating and timid character of the magistrate, who in the case before us was uniformly swayed by the words of the last speaker; and it was equally evident that each speaker so shaped his arguments as that they might the more effectually ...
— The Tithe-Proctor - The Works of William Carleton, Volume Two • William Carleton
... celebrated coffee cases under the Pure Food Act was tried in Chicago, February, 1912. The question was, whether in view of the long-standing trade custom, it was still proper to call an Abyssinian coffee (Longberry Mocha) Mocha. The defendant was charged with misbranding, because he sold as Java and Mocha a coffee containing Abyssinian coffee. The court decided that the product should be called Abyssinian Mocha;[321] but since then, general acceptance has obtained ...
— All About Coffee • William H. Ukers
... is finished. They bring in the plaintiff and defendant. The chief judge says, "thou, such a one, art clear; thou such a one, art indebted." "And whence know we that one of the judges on going out should not say, 'I was for clearing him, but my colleagues pronounced him indebted, ...
— Hebrew Literature
... denies that he has ever sent the prisoner other people's articles by mistake. Pressed, he says, he may have done so once. The defendant generally inclosed letters with his articles, in which he called attention to their special features. Sometimes these letters were of a threatening nature, but there was nothing ...
— My Lady Nicotine - A Study in Smoke • J. M. Barrie
... our passage. A sailor refused to obey, and threatened one of the midshipmen—a serious act of insubordination, which, according to the laws then in force, entailed corporal punishment on its perpetrator. I immediately called a court-martial, which, having heard witnesses and defendant, according to regulations, sentenced the man to a certain number of strokes with the rope's end. The hour for carrying out the sentence came, the crew was mustered, the officers in their places and under arms. I was in my cabin, just buckling on my sword, when my second in command ...
— Memoirs • Prince De Joinville
... some trivial action on his part, no matter how innocent his intent, will not bring him within reach of the criminal law. He is, moreover, denied the right of trial by jury, his case usually being decided off-hand by a bored and unsympathetic magistrate who has no knowledge of the defendant's tongue. Moreover, the company's laws permit the punishment of unruly laborers by flogging, with a maximum of twelve lashes. In view of the remoteness of most of the estates, it is scarcely necessary for me to point out that ...
— Where the Strange Trails Go Down • E. Alexander Powell
... the court shall direct. I have set down under certain heads the several ways by which men prostitute and abuse their parts, and from thence have framed a table of rules, whereby the plaintiff may be informed when he has a good title to eject the defendant. I may in a following paper give the world some account of the proceedings of this court. I have already got two able critics for my assessors upon the bench, who, though they have always exercised their pens in taking off from ...
— The Prose Works of Jonathan Swift, D. D., Volume IX; • Jonathan Swift
... or unfitted to perform the sex function; the requirement of six months' publication of matrimonial banns and a physical certificate before marriage; a strictly provisional decree of divorce; the establishment of a court of domestic relations, and a prohibition of remarriage of the defendant during the life of the plaintiff. These are reasonable restrictions and seem likely to be adopted gradually, as practicable improvements over the existing laws. It is also proposed that the merits of every case ...
— Society - Its Origin and Development • Henry Kalloch Rowe
... an inclination to neglect the commoner methods of scoring—that suggested, with the sudden chill of unexpectedly bad news, a foregone conclusion. The reality of his feeling reference to the painful position of the defendant's father, the sincerity of his regret on behalf of the bank, for the deplorable exigency under which proceedings had been instituted, spread a kind of blankness through the court; men frowned thoughtfully, and one or two ...
— The Imperialist • (a.k.a. Mrs. Everard Cotes) Sara Jeannette Duncan
... known, which made him shiver and doubt whether a dozen laymen ever can see a legal point. But every newspaper reader, too, remembers an abundance of cases in which the decision of the jury startled him by its absurdity. Who does not recall sensational acquittals in which sympathy for the defendant or prejudice against the plaintiff carried away the feelings of the twelve good men and true? For them are the unwritten laws, for them the mingling of justice with race hatreds or with gallantry. And even in the heart of New York a judge recently ...
— Psychology and Social Sanity • Hugo Muensterberg
... was the quantum of damages, to be assessed by a jury. The case selected for a test was the case of the Rev. James Maury against the sheriff of Hanover County and his sureties. It was set for trial at the December term of the County Court of Hanover, 1763. Henry was retained for the defendant, and made an argument so forcible, so conclusive, and so eloquent that it has made his fame as "the greatest orator who ever lived," as Mr. Jefferson wrote of him. He took the ground that allegiance and protection in government are reciprocal, ...
— Great Men and Famous Women. Vol. 4 of 8 • Various
... was immediately in full swing. Plaintiff and defendant were equally adjured to state, point by point, and without both speaking at once, how the affair took place, and in what ...
— The Talking Beasts • Various
... connected with this general statement of his case, by particular dates, substantiating the age at which each was written. Now, the law upon the point of minority, we hold to be perfectly clear. It is a plea available only to the defendant; no plaintiff can offer it as a supplementary ground of action. Thus, if any suit could be brought against Lord Byron, for the purpose of compelling him to put into court a certain quantity of poetry; and if judgment were given against him; ...
— Early Reviews of English Poets • John Louis Haney
... which I am a member appeared in 1912 for the plaintiff in the case of Ritter vs. Thane. Our client was a young woman residing in Brooklyn. The defendant was Courtney Thane, the son of Howard Thane, and no doubt the young man to whom you refer. In any case, he was the grandson of Silas Thane, who lived in your part of the State of Indiana. We were demanding one hundred thousand ...
— Quill's Window • George Barr McCutcheon
... illustrates the difficulties in the way of poor people, so far as the attendance of witnesses is concerned. In this case the witness appeared five successive days in court waiting for the trial to come on. Not being paid by the defendant, this witness was unable to appear the sixth day. On that day the case was at last called, the prisoner had now no witness and was, ...
— Crime and Its Causes • William Douglas Morrison
... shall be heard in open court on the testimony of witnesses or depositions. [Sec.3413.] No divorce can be granted by consent of parties unless grounds therefor can be shown by competent evidence, and if collusion or conrivance on the part of the defendant can be shown, such fact will be ...
— Legal Status Of Women In Iowa • Jennie Lansley Wilson
... the laws have called you together, but to prevent their attainment of them. {2} Now I observe that while all who enter upon public life in an honest spirit profess themselves under a perpetual responsibility, even when they have passed their formal examination, the defendant Aeschines does the very reverse. For before entering your presence to give an account of his actions, he has put out of the way one of those[n] who appeared against him at his examination; and others he pursues with threats, thus introducing into public life a practice which is of all the ...
— The Public Orations of Demosthenes, volume 1 • Demosthenes
... offense the brave woman was arrested, on Thanksgiving Day, the national holiday handed down to us by Pilgrim Fathers escaped from England's persecutions. She asked for a writ of habeas corpus. The writ being flatly refused, in January, 1873, her counsel gave bonds. The daring defendant finding, when too late, that this not only kept her out of jail, but her case out of the Supreme Court of the United States, regretfully determined to fight on, and gain the uttermost by a decision in the United States Circuit Court. ...
— Eighty Years And More; Reminiscences 1815-1897 • Elizabeth Cady Stanton
... boredom. He had been bored by London. Social occasions irritated him, several times he had come near to gross incivilities, art annoyed him, sport was an effort, wholesome perhaps, but unattractive, music he loved, but it excited him. The defendant broke the sunset calm by ...
— The Research Magnificent • H. G. Wells
... instructive, while we restrict our inquiries to the external history of the word. We find ourselves first among the forms of Roman law. The 'sacramentum' appears there as the deposit or pledge, which in certain suits plaintiff and defendant were alike bound to make, and whereby they engaged themselves to one another; the loser of the suit forfeiting his pledge to sacred temple uses, from which fact the name 'sacramentum,' or thing consecrated, was first derived. The word, as next employed, plants us amidst ...
— On the Study of Words • Richard C Trench
... question frightened du Croisier. He asked what was meant by it, and whether he was supposed to be the defendant and M. le Comte d'Esgrignon the plaintiff? He called the magistrate's attention to the fact that if the money had been deposited with him, there was no ground ...
— The Jealousies of a Country Town • Honore de Balzac
... bravado; the penalty we already have to pay is severe enough, for even while we are defending this, some portion of the public press is using words of terrorism against the witnesses to be called, and is describing myself and my co-defendant in a fashion that I feel sure will find no sanction here, and that I hope will never occur again. We contest this because the advocacy of such views on population has been familiar to me for many years. The Public Journal of Health, edited by Dr. Hardwicke, the coroner ...
— Autobiographical Sketches • Annie Besant
... it, I found a treasure. This is not mine, for I only bargained for the land, and not for any treasure that might be concealed beneath it; and yet the former owner of the land will not receive it." The defendant answered, "I hope I have a conscience, as well as my fellow citizen. I sold him the land with all its contingent, as well as existing advantages, and consequently, ...
— Children's Literature - A Textbook of Sources for Teachers and Teacher-Training Classes • Charles Madison Curry
... day to deliver its verdict. It decided that Melinda Smith was legally married to some person unknown, though not to Josiah Wilson, and that Josiah Wilson was also married to some unknown woman, who was not Melinda Smith, whoever else she might be; that no marriage between the plaintiff and the defendant had ever taken place, and that no divorce could be granted, but that if either of them married anyone else, he or she would ...
— The Idler, Volume III., Issue XIII., February 1893 - An Illustrated Monthly. Edited By Jerome K. Jerome & Robert Barr • Various
... India Company against one Sandys, the loss of which would have forfeited its charter and its business, and possibly put an end to British dominion in the East. Its charter dated from the early years of Charles II and the 43d Elizabeth. It brought suit against the defendant, who freighted a vessel to East Indian ports. Mention in it is made of a charter to the Muscovy Company as early as Philip and Mary, a much earlier date than is elsewhere assigned to trading corporations. Hundreds of cases of unlawful monopolies are cited, among them the case of ...
— Popular Law-making • Frederic Jesup Stimson
... atturny for Mr. Ludlow, desired the charge might bee proued, wch accordingly the plant' did, and first an attestation vnder Master Dauenports hand, conteyning the testimony of Master and Mistris Dauenport, was presented and read; but the defendant desired what was testified and accepted for proofe might be vpon oath, vpon wch Mr. Dauenport gaue in as followeth, That he hoped the former attestation hee wrott and sent to the court, being compared wth Mr. Ludlowes letter, and Mr. Dauenports ...
— The Witchcraft Delusion In Colonial Connecticut (1647-1697) • John M. Taylor
... Was gazed upon by every nation, And, master of the situation, Vow'd Britons ne'er would yield. For I am here, you may depend on't, This Eastern brawl to make an end on't, To show both plaintiff and defendant I'm ...
— Revised Edition of Poems • William Wright
... effect that S. Mark xvi. 9-20 is undoubtedly genuine.(201) The evidence, therefore, not only breaks hopelessly down; but it is discovered that this witness has been by accident put into the wrong box. This is, in fact, a witness not for the plaintiff, but for the defendant!—As for the other Codex, it exhibits neither asterisk nor cross; but contains the same note or scholion attesting the genuineness of the last twelve verses of ...
— The Last Twelve Verses of the Gospel According to S. Mark • John Burgon
... law. The number of cases of repudiation of such agreements is almost negligible. To plead the Statute of Frauds in an action for non-delivery or non-acceptance of goods under such informal agreements might be a defence in the law courts, but would not save the defendant from the indeterminate but effective penalties due to the feeling of his fellows that he was acting dishonourably. It is instructive to notice that in dealing with the question of industrial disputes, which ...
— Rebuilding Britain - A Survey Of Problems Of Reconstruction After The World War • Alfred Hopkinson
... all the evidences and informations. If, upon the first view of the cause thus opened, it shall appear that the appeal was made without just cause, the first sentence shall be confirmed without citation of the defendant. If any new evidence shall appear, or any doubts arise, both ...
— The Works of Samuel Johnson, Vol. 6 - Reviews, Political Tracts, and Lives of Eminent Persons • Samuel Johnson
... others follow, touching upon all sorts of irrelevant matters, but throwing out hints, now and then, bearing on the subject of accusation. By degrees the debate waxes warmer, and the parties get nearer the point. Then the complainant and the defendant each of them throw down on the ground a turban, or a bag containing betul and pan, lime, &c., in front of the durbar. These are regarded as the pledges of the respective parties and their representatives in the suit; they receive the name of mamla (hence the Khasi term ar liang ...
— The Khasis • P. R. T. Gurdon
... be the first plaintiff in the High Court of Justice," pursued Raffles, blowing soft grey rings into the upper air, "who has been rather rudely transformed into the defendant at the Old Bailey." ...
— Mr. Justice Raffles • E. W. Hornung
... His Majesty debate half an hour what he had to do? Would any minister dare advise him against recalling such a patent? Or would the matter be referred to the Privy-Council or to Westminster-hall, the two Houses of Parliament plaintiffs, and William Wood defendant? And is there even the smallest difference between ...
— The Prose Works of Jonathan Swift, Vol. VI; The Drapier's Letters • Jonathan Swift
... down the paper, "there was no eyewitness to the actual assault; and only three people have any personal knowledge of the event—Mr. Edwards, the defendant's father, the accused himself, and the complainant. Mr. Lamoury, his counsel tells me, is in no condition to appear. But I have here," lifting a paper, "his affidavit, properly executed, giving his version of the matter. The boy's ...
— The Calico Cat • Charles Miner Thompson
... ladies found legal proceedings so interesting that bringing suit became a passion with them as strong as it had once been among the Athenians. Thus Juvenal[143]: "There is almost no case in which a woman wouldn't bring suit. Manilia prosecutes, when she isn't a defendant. They draw up briefs quite by themselves, and are ready to cite principles and authorities to Celsus [a celebrated lawyer of that time]." Of pleading in public one of the celebrated instances was that of Hortensia, ...
— A Short History of Women's Rights • Eugene A. Hecker
... 1894, a record was produced before the Supreme Court which showed that the State of North Dakota had in 1891 established rates for elevating and storing grain, which rates the defendant, named Brass, who owned a small elevator, alleged to be, to him in particular, utterly ruinous, and to be in general unreasonable. He averred that he used his elevator for the storage of his own grain, that it cost about $3000, that he had no monopoly, as there were ...
— The Theory of Social Revolutions • Brooks Adams
... that he had been in an affray, his cloaths being very bloody, but certain open sluices on his own head sufficiently shewed whence all the scarlet stream had issued: whereas the accuser had not the least mark or appearance of any wound. The justice asked the defendant, What he meant by breaking the king's peace?——To which he answered——"Upon my shoul I do love the king very well, and I have not been after breaking anything of his that I do know; but upon my shoul this man hath brake my head, ...
— Amelia (Complete) • Henry Fielding
... first make their landlords judges in the matter, and if they cannot end it, then they prefer it to the magistrate. The plaintiff craveth of the said magistrate that he may have leave to enter law against his adversary, and having obtained it, the officer fetcheth the defendant and beateth him on the legs till he bring forth a surety for him; and if he be not of such credit as to procure a surety, then are his hands by an officer tied to his neck, and he is beaten all the way till he come before the judge. The judge then asketh him (as, for example, in the matter of ...
— The Discovery of Muscovy etc. • Richard Hakluyt
... separation. The plaintiff was the last witness to testify. As she told her simple story, a hushed silence fell over the room, every spectator, from the judge on the bench to the sheriff, being eager to catch every syllable of the recital. But as in duty bound to a client, the attorney for the defendant, a young man who had come from San Antonio to conduct the case, opened a sharp cross-questioning. As the examination proceeded, an altercation between the attorneys was prevented only by the presence of the sheriff and deputies. Before the inquiry progressed, the attorney for the plaintiff ...
— A Texas Matchmaker • Andy Adams
... seen it tilting up into a baggage-crate and trundling off towards the Green Mountains, but too late. Of course there was a formidable hitch in the programme. A court of justice was improvised on the car-steps. I was the plaintiff, Crene chief evidence, baggage-master both defendant and examining-counsel. The case did not admit of a doubt. There was the little insurmountable check whose brazen lips ...
— Atlantic Monthly, Volume 11, Issue 67, May, 1863 • Various
... forward. After that he took his oath, and declared his case. After that he brought forward his witnesses of the summons, along with his witnesses that the suit had been handed over to him. All this time Njal was not at the court. Now Gunnar pursued his suit till he called on the defendant to reply. Then Hrut took witness, and said the suit was naught, and that there was a flaw in the pleading; he declared that it had broken down because Gunnar had failed to call those three witnesses which ought to have been brought before the court. The first, that which was taken ...
— Njal's Saga • Unknown Icelanders
... its editor through its somewhat brief existence. Selby relates that Simms offended General Hartwell and was summoned to trial at the General's headquarters on the corner of Bull and Gervais Streets. The result of the trial was an invitation for the defendant to a sumptuous luncheon and a ride home in the General's carriage accompanied by a basket of champagne and other good things. The next day the General told a friend that if Mr. Simms was a specimen ...
— Literary Hearthstones of Dixie • La Salle Corbell Pickett
... regions. Truly there is no hope for those who enter here. Both sides are squeezed by the gate-keeper —a very lucrative post in all yamens—before they are allowed to present their petitions. It then becomes necessary for plaintiff and defendant alike to go through the process of (in Peking slang) "making a slit," i.e., making a present of money to the magistrate and his subordinates proportionate to the interests involved. In many yamens there is a regular scale of charges, answering to our Table of Fees, but this is almost always ...
— Chinese Sketches • Herbert A. Giles
... passed for somewhat of a scandal-monger, so his remarks made little impression on me beyond whetting my curiosity. The next day I was one of the first to appear in the court, where I found the bench, plaintiff and defendant, and the barristers, already assembled. The farmer's counsel was an old man who looked honest, while the count's had all the impudence of a practised knave. The count sat beside him, smiling disdainfully, as if he was lowering himself to strive with ...
— The Memoires of Casanova, Complete • Jacques Casanova de Seingalt
... day, barbers are brought before the magistrates for working on Sunday. They are summoned under an old Act of Charles II., for shaving on the Lord's Day. The maximum fine is five shillings, and the costs of a case cannot be recovered from the defendant. Generally the local hairdressers' association institutes ...
— At the Sign of the Barber's Pole - Studies In Hirsute History • William Andrews
... surely he winnowed out the small grain of truth from the gross and tare of surmise and fiction; how particular he was to give of the abundant store of his patience to any whining ragpicker or street beggar who faced him, whether as defendant at the bar, or ...
— Europe Revised • Irvin S. Cobb
... other young men reading law, and preparing for their call to the Bar. How much law he read it is impossible now to ascertain. That he had, in later life, a considerable knowledge of the subject is clear, but this may have been acquired like Mr. Micawber's, by experience, as defendant on civil process. We are inclined to think he read but little. Amici fures temporis: and he had many friends at Clement's Inn who were not smugs, nor, indeed, reading men in any sense. There was John Doit of Staffordshire, and Black George Barnes, and Francis Pickbone, and ...
— Obiter Dicta • Augustine Birrell
... out to men, added Hiram, with an air equally balanced between doubt and assurance, but which judge Temple understood to mean certainty; I some think that I am appointed a referee in the case myself; Jotham as much as told me that he should take me. The defendant, I guess, means to take Captain Hollister, and we two have partly agreed on Squire ...
— The Pioneers • James Fenimore Cooper
... action was for false imprisonment, and it was contended by the plaintiffs,—1st, That Mrs. Foster was travelling from necessity and charity, and so within the exception of the statute. 2d, That the defendant could not justify himself as Constable unless he carried the person apprehended under the Sabbath law before a Justice. 3d, That as Constable he had no power to detain, and that he did not disclose his authority as Constable to arrest. And 4th, that the Sabbath law and its ...
— The Olden Time Series, Vol. 5: Some Strange and Curious Punishments • Henry M. Brooks
... state took him. Few questions were asked him, however, by that official, he confining himself to a recapitulation in simple terms, of what the witness had declared, and procuring Burwell's assent to his translation. Long and searching was the cross-examination by the defendant's counsel; but it elicited nothing favorable to the defense, and nothing shaking, but much to ...
— The Wit and Humor of America, Volume VII. (of X.) • Various
... dislike of one husband who happened for a time to be her own has not in the least impaired her affections for the husbands, actual or to be, of others. No lady can be considered truly Corinthian unless she has figured as the defendant in an action for goods supplied by a milliner. It is thus that the Public learns the Corinthian value of silks, and satins, and laces, ...
— Punch, or the London Charivari, Volume 98, March 1, 1890 • Various
... (The). This was between Lord Busqueue and Lord Suckfist, who pleaded their own cases. The writs, etc., were as much as four asses could carry. After the plaintiff had stated his case, and the defendant had made his reply, Pantagruel gave judgment, and the two suitors were both satisfied, for no one understood a word of the pleadings, or the tenor of ...
— Character Sketches of Romance, Fiction and the Drama - A Revised American Edition of the Reader's Handbook, Vol. 3 • E. Cobham Brewer
... with his eyes on the clerk's pen, till the latter stopped scratching and said, "yes." Stubberd continued: "When I had proceeded to the spot I saw defendant at another spot, namely, the gutter." He paused, watching the point of ...
— The Mayor of Casterbridge • Thomas Hardy
... attacks the defendant must do his fighting without weapons. He cannot allege in his defence that the offending work was put forth for a legitimate, necessary and decent purpose;[59] he cannot allege that a passage complained ...
— A Book of Prefaces • H. L. Mencken
... it as a high affront that the judges of the court should presume to remonstrate to him, that it was the rule to hear the other side before they gave judgment. Curiosity to know what could be said in so clear a case, rather than any respect to their rules, made him defer his decision; but the defendant's counsel had scarcely begun to open his cause, when his majesty appeared greatly discomposed, and was so puzzled as they proceeded, that he had no patience to hear them out, but starting up in a passion, cried, "I'll hear nae mair! I'll hear nae mair! ye are a' knaves aleeke! Ye gi' each ...
— The Book of Three Hundred Anecdotes - Historical, Literary, and Humorous—A New Selection • Various
... only his heightened imagination, or did the silence and the suspense grow more intense when a deputy led that dark-hooded, white-clad, slender woman to the defendant's chair? She did not walk with the poise that had been manifest in the other women, and she sank into the chair as if ...
— The Rainbow Trail • Zane Grey
... Fitz-Thomas. When, therefore, that chronicler records that throughout Hervy's year of office he did not allow any pleading in the Husting for Pleas of Land except very rarely, for the reason that the mayor himself was defendant in a suit brought against him by Isabella Bukerel,(280) we hesitate to place implicit belief in his statement.(281) We are inclined, moreover, to give less credit to anything that Fitz-Thedmar may say against the mayor when we bear in mind that the former had a personal grievance ...
— London and the Kingdom - Volume I • Reginald R. Sharpe
... shoat and never paid for him?" he heard his honor say one day in a hog case, where two farmers who had been waiting hours for Tom's coming were plaintiff and defendant. "How did you know it was ...
— Kennedy Square • F. Hopkinson Smith
... Mrs. Smith, that you have lived with the defendant for eight years. Does the Court understand from that, that you are married to him?" "In course it does." "Have you a marriage certificate?" "Yes, your honor, three on 'em—two gals and a boy." Verdict for ...
— The Book of Anecdotes and Budget of Fun; • Various
... was all for prompt action. Formally he said he wished to go on record as demanding for his principal a speedy hearing of the issue, with a view to preventing the defendant named in the pleadings from dissipating any more of the estate lately bequeathed to him and now fully in his ...
— The Best Short Stories of 1917 - and the Yearbook of the American Short Story • Various
... Judgment was opened. Those Greenlanders who had quarrelled stepped forward, and the offended person chanted forth the faults of his adversary in an extempore song, turning them sharply into ridicule, to the sound of the pipe and the measure of the dance. The defendant replied with satire as keen, while the audience laughed, and gave their verdict. The rocks heaved, the glaciers melted, and great masses of ice and snow came crashing down, shivering to fragments as they fall; it was a glorious Greenland summer night. A hundred paces away, under the ...
— Fairy Tales of Hans Christian Andersen • Hans Christian Andersen
... passed unanimously in the House of Commons. Erskine took a very prominent part in this measure, and, after demonstrating that the judges had arrogated to themselves the rights and functions of the jury, said that if, upon a motion in arrest of judgment, the innocence of the defendant's intention was argued before the court, the answer would be, and was, given uniformly, that the verdict of guilty had concluded the criminality of the intention, though the consideration of that question had been by ...
— Continental Monthly , Vol. 6, No. 1, July, 1864 - Devoted to Literature and National Policy. • Various
... giving of evidence alone, that the native stands at a disadvantage as compared with a white man. His case, whether as prosecutor or defendant, is tried before a jury of another nation whose interests are opposed to his, and whose prejudices are ...
— Journals Of Expeditions Of Discovery Into Central • Edward John Eyre
... juryman, "didn't the defendant give back the goods if they were not what she wanted?" Both lawyers are on their feet. There is a mute appeal to the court; both sides are afraid to object to the question for they think the juryman may have a prejudice ...
— The Man in Court • Frederic DeWitt Wells
... settlers. As a proof to what a height this business had reached, it need only be mentioned, that an appeal was made to the governor in one prosecution for a debt of L868 16s 10d; which appeal was however withdrawn, the defendant consenting to ...
— An Account of the English Colony in New South Wales, Vol. 2 • David Collins
... the stream of messengers ceased, and even Malachi breathed more freely. He still, however, kept his eye lifting, and was able to intercept the document announcing that in the case of "Stephen versus Stephen," judgment had been entered against the defendant, who was hereby commanded to evade the premises and yield up possession without delay. ...
— Two Sides of the Face - Midwinter Tales • Arthur Thomas Quiller-Couch
... stage of the proceedings, a gentleman well known to you as a rising lawyer of this place before the war commenced, and better known since then as a gallant and meritorious officer, appears as her defendant. You have heard his defense. The act of taking the money is not denied, but in his defense he claims that it was committed through dire necessity. It is true that a defense of this nature is a somewhat extraordinary one, and is new in the annals of criminal law. Still he has ...
— The Trials of the Soldier's Wife - A Tale of the Second American Revolution • Alex St. Clair Abrams
... a defendant at Wandsworth County Court that his house was haunted, the bell being rung several times without any visible human instrumentality. ...
— Punch, or the London Charivari, Vol. 152, May 16, 1917. • Various
... Indians, and four for keeping gambling houses. Only one of these indictments was tried at this term, and the accused, Mr. William D. Phillips, being a prominent member of the bar, and there being a good deal of fun in it, I will give a brief history of the trial and the defendant. ...
— The History of Minnesota and Tales of the Frontier • Charles E. Flandrau
... particular rule, but by the discretion of the judges; and thus a great constitutional right, even under the proposed amendments of the constitution, will be left the sport of caprice. In conclusion, we are of opinion the court erred in directing that the plaintiff could have his action against the defendant for the rejection of his ...
— Diary in America, Series One • Frederick Marryat (AKA Captain Marryat)
... Quite right. I agree with the verdict of the Jury, and sentence the Prisoner at the Bar to seven years' penal servitude. (With Q. B. D. No. 4 laid on.) After carefully considering all the evidence that has been submitted to the Jury, and giving due weight to the fact that the Defendant's vehicle was admittedly on the wrong side of the road, I have no hesitation in declaring L100 damages a just award. (Dropping tube, and taking up apparatus of Q. B. D. No. 5, sitting as Divisional Court.) I entirely concur in the judgment my learned Brother has just ...
— Punch, or the London Charivari, Vol. 98, April 12, 1890 • Various
... he said, "who is he, this pig? Furnish me forthwith by return with an advice note of the name of the defendant." ...
— Lady Bountiful - 1922 • George A. Birmingham
... full of instruction; and these not the less instructive, while we restrict our inquiries to the external history of the word. We find ourselves first among the forms of Roman law. The 'sacramentum' appears there as the deposit or pledge, which in certain suits plaintiff and defendant were alike bound to make, and whereby they engaged themselves to one another; the loser of the suit forfeiting his pledge to sacred temple uses, from which fact the name 'sacramentum,' or thing consecrated, was first derived. The word, as next employed, plants ...
— On the Study of Words • Richard C Trench
... dictionaries of the present day; and it shall be our task to show that never was slander more foul, calumny more base, or libel more cowardly, than when it associated the words luxury and sensuality with the memory of the Athenian Epicurus. The much-worn anecdote of the brief endorsed "The Defendant has no case, abuse the Plaintiffs Solicitor," will well apply here. The religionists had no case, the Epicurean Philosophy was impregnable as far as theological attacks were concerned, and the theologians have, therefore, ...
— Ancient and Modern Celebrated Freethinkers - Reprinted From an English Work, Entitled "Half-Hours With - The Freethinkers." • Charles Bradlaugh, A. Collins, and J. Watts
... citizen, race Terran human; willful killing of a sapient being, to wit Kurt Borch, Mallorysport, Federation citizen, race Terran human. Complainant, Leonard Kellogg, the same. Attorney of record for the defendant, Gustavus Adolphus Brannhard. The last time Jack Holloway had killed anybody, it had been a couple of thugs who'd tried to steal his sunstones; it hadn't even gotten into complaint court. This time he might be in trouble. Kellogg was a Company executive. He decided ...
— Little Fuzzy • Henry Beam Piper
... nearly fell into the cellar. Now this talk was very offensive. I knew Mr. Jackson was defendant in a case then pending. He had been charged with conspiring to defraud; with having stolen three horses; with illegally detaining seventy-five dollars; and on other counts which I cannot remember just now. The thing was originally very simple, even ...
— The Book of the Bush • George Dunderdale
... of the coroner is only as the sheriff's substitute. For when just exception can be taken to the sheriff, for suspicion of partiality, (as that he is interested in the suit, or of kindred to either plaintiff or defendant) the process must then be awarded to the coroner, instead of the sheriff, for ...
— Commentaries on the Laws of England - Book the First • William Blackstone
... is guilty, Mr. Prosecutor: the Court holds the Baptist to be the true church, and this defendant has been guilty of preaching the Gospel without first taking the oath to support the Constitution of the State of Missouri. He will ...
— Something of Men I Have Known - With Some Papers of a General Nature, Political, Historical, and Retrospective • Adlai E. Stevenson
... would never be allowed him, and when at last, after many postponements, the trial did come on, he was being examined in the schools, and refused to come till his counsel had actually opened the case. Mr. Thomas Hardie, Alfred's uncle, was the defendant, for it was proved he had ...
— The World's Greatest Books, Vol VII • Various
... conciliating; that both parties should bear the same arms; but the Grosvenours avec une bordure d'argent. Sir Robert resents it, and appeals to the king. The judgment is confirmed; but the choice is left to the defendant, either to use the bordure, or bear the arms of their relations, the ancient Earls of Chester, azure, a gerb d'or. He rejected the mortifying distinction, and chose a gerb: which is the family coat ...
— The Mirror, 1828.07.05, Issue No. 321 - The Mirror of Literature, Amusement, and Instruction • Various
... the direction of Deadman's Lane. I follows unobserved, and observes them crawl behind a hedge. I waits to observe what follows, and presently I observe a young gentleman walking down the lane. As I expects, the male defendant comes out and offers to tell him his fortune, and I observes the young gentleman give the parties money. I waits till he leaves, and then with my brother officer we arrest the parties. That's all, your worship. Stand still, you wagabone ...
— Parkhurst Boys - And Other Stories of School Life • Talbot Baines Reed
... treeboonah'lo criminal, a | krimulo | krim-oo'lo damages | monkompenso | mohn'kompehn'so decision (of case) | decido | dehtsee'doh deed | akto | ahk'toh defend, to | defendi | dehfehn'dee defendant (in a | la akuzato | la ahkoozah'toh suit) | | document | dokumento | dokoomehn'toh evidence | evidenco | ehvidehnt'so execution (of | subskribigo | soobskreebee'go deed) | | — (of a judgment) | plenumo | plehnoo'mo executor | ...
— Esperanto Self-Taught with Phonetic Pronunciation • William W. Mann
... counsel for the plaintiff opening his case, the Jury and the Court were favoured with an address from the chair, by Mr. Tinney, who acted as sheriff. In the most unfair and unjustifiable manner he informed them, that the same writ of inquiry had been executed once before, and that the defendant had prevailed upon the jury to give a verdict which was not warranted by law; that the Court of King's Bench had set that verdict aside, and Lord Ellenborough had ruled, that, as the defendant had suffered judgment to go by default, ...
— Memoirs of Henry Hunt, Esq. Volume 2 • Henry Hunt
... "That the defendant only stood upon the platform of the pillory, unconfined, and at his ease, attended by a servant in livery (which servant and livery were hired for this occasion only) holding an umbrella over his head, all ...
— Notes and Queries, Number 68, February 15, 1851 • Various
... that the said bill of complaint is uncertain, and insufficient in the law to be answered unto, and the matter therein contained feigned and craftily imagined, to the intent to put the said Henry Walton to great costs and expenses. Nevertheless, for answer and declaration of the truth, the said defendant saith that it appeareth by the bill of the said complainant that he hath no cause of action in this honourable court, for it appeareth by his bill of complaint that the said goods be recovered in the King's Court holden before the Mayor and Aldermen of the City of London, ...
— Fifteenth Century Prose and Verse • Various
... were brought before the courts except by one of the two equally guilty parties to a contract in restraint of trade, when the other party had failed in some way to do his part. When such an illegal contract in restraint of trade was proved before a court by a defendant in a civil suit the contract was declared unenforceable, and the only penalty in practice was that the plaintiff could not collect his debt or secure performance from the defendant.[12] A very similar situation existed in ...
— Modern Economic Problems - Economics Vol. II • Frank Albert Fetter
... may use a legal power corruptly, and for the most shameful and detestable purposes. And thus matters continued, till he commenced a criminal prosecution against this man,—this man whom he dared not meet as a defendant. ...
— The Works of the Right Honourable Edmund Burke, Vol. X. (of 12) • Edmund Burke
... "didn't the defendant give back the goods if they were not what she wanted?" Both lawyers are on their feet. There is a mute appeal to the court; both sides are afraid to object to the question for they think the juryman may have a prejudice if he ...
— The Man in Court • Frederic DeWitt Wells
... them so to dispose your hearts that you will suffer me to conduct my case in accordance with my original intention and design, without interruption from my adversary, I shall be asking no more than justice. When I listen to the defendant's words, and then reflect upon the treatment I have received from him, I know not how I am to reconcile the two. You will presently find him holding a language scarcely distinguishable from my own: yet examine ...
— Works, V3 • Lucian of Samosata
... this?" he cried to Zat Arrras. "The defendant has not been heard, nor has he had an opportunity to call others in his behalf. In the name of the people of Helium I demand fair and impartial treatment for the Prince ...
— The Gods of Mars • Edgar Rice Burroughs
... always counted the quarterings in the shields of the respective parties, and decided accordingly. Imagine the speedy redress gained by a muddy-veined peasant against one of the cousins; who, of course, had as many quarterings as the Margrave himself. The defendant was regularly acquitted. At length, a man's house having been burnt down out of mere joke in the night, the owner had the temerity in the morning to accuse one of the privileged, and to produce, at the same tune, a shield, with exactly ...
— Vivian Grey • The Earl of Beaconsfield
... be made, and he limited the number of advocates on each side, in order that the jurymen might not be confused and disturbed by the numbers of them. He ordered that the time allotted to the plaintiff be two hours, and to the defendant three. And what grieved many most of all, he revised the custom of eulogizers being presented by those on trial (for great numbers kept escaping the clutches of the law because commended by persons worthy of confidence); and he had a measure passed that such prisoners should in future be allowed ...
— Dio's Rome • Cassius Dio
... for the defendant; and while I had to acknowledge that the circumstantial evidence was against him, I proved his general character for integrity, and showed that the common and criminal law were on our side, Coke and Blackstone in ...
— Around The Tea-Table • T. De Witt Talmage
... Court pronounces the defendant—dead! She can resume her former ties at will, Or may renounce them, if such be her will. She is no more a daughter, or a spouse, Unless she choose, and is set free to form New ties, if ...
— Verses • Susan Coolidge
... longing had been to labour with the King, as Lanfranc had laboured, to promote religion in the country, and he had been frustrated at every turn. The summons to the King's Court was the last straw, for the defendant in this Court was entirely at the mercy of the Crown. "When, in Anglo-Norman times you speak of the King's Court, it is only a phrase for the King's despotism."[6] Anselm took no notice of the King's summons, and decided to appeal to Rome. For a time William ...
— The Rise of the Democracy • Joseph Clayton
... power to impose taxes upon all the inhabitants of and persons resident, and estates lying within the said commonwealth. By the laws passed by the legislature in pursuance of this power and authority, the defendant is liable to taxation, although she is not qualified to vote for the officers by whom the taxes were assessed. The Court, acting under the constitution, and bound to support it and maintain its provisions faithfully, cannot declare null and void a statute which has been passed by the legislature, ...
— History of Woman Suffrage, Volume III (of III) • Various
... ministry of justice, but in accordance with the extra-territorial rights enjoyed by foreign powers in Siam, each consulate has attached to it a court, having jurisdiction in all cases in which a subject of the power represented by such consulate is defendant. ...
— Encyclopaedia Britannica, 11th Edition, Volume 3, Part 1, Slice 2 - "Baconthorpe" to "Bankruptcy" • Various
... of England, which are allowed to be the perfection of human reason. If a man swear that his neighbour has put him in bodily fear, he may have the cause of his terror sent to gaol; thus the feelings of the plaintiff become the measure of the defendant's guilt. As we cannot extend this convenient principle to all matters of taste, and all subjects of risibility, we are still compelled to acknowledge that no accurate definition of a bull has yet been given. The essence of an Irish bull must be of the most ethereal nature, for notwithstanding ...
— Tales and Novels, Vol. IV • Maria Edgeworth
... existence." A court of law, as our former Assistant Attorney General of the United States surely knows, compels no one to give testimony that tends to incriminate, and, furthermore, does not construe failure to testify on the grounds that it will tend to incriminate against the defendant. In the law the defendant is entitled to every reasonable doubt. It is also conceivable that a reasonable time for the defense to present its case would be ...
— The New York Times Current History of the European War, Vol. 1, January 9, 1915 - What Americans Say to Europe • Various
... proved that he had been variously obstreperous without apparent provocation, had affected the peripheries of several luckless fellow-citizens with the trunk of a small tree, and subsequently cleaned out the town. While trying to palliate these misdeeds, the defendant's Attorney turned suddenly ...
— Fantastic Fables • Ambrose Bierce
... that the treaty infringed upon their respective boundaries, Costa Rica, and Salvador brought suit against Nicaragua before the Central American Court. With the exception of the Nicaraguan representative, the judges upheld the contention of the plaintiffs that the defendant had no right to make any such concessions without previous consultation with Costa Rica, Salvador, and Honduras, since all three alike were affected by them. The Court observed, however, that it could not declare the treaty void because the United States, one of the parties ...
— The Hispanic Nations of the New World - Volume 50 in The Chronicles Of America Series • William R. Shepherd
... Crawford says he is still the only attorney herein for defendant, Scott Jackson: that affiant has been ill with la grippe during the last ten days; that for more than a week one of his children has been and still is very ill and under the care of a physician; that, in consequence of his own and his child's sickness, he has ...
— The Mysterious Murder of Pearl Bryan - or: the Headless Horror. • Unknown
... service. Moreover, until the case had been decided, the accuser and the accused received the same treatment. Both were imprisoned; and the plaintiff who lost his case suffered the same penalty which the defendant, had he been found guilty, ...
— EARLY EUROPEAN HISTORY • HUTTON WEBSTER
... might refuse her; but, demented though he was, rank and riches mattered little to Don Quixote, for he drew his sword, he said, in defense of anything that was righteous, and the meek and downtrodden always found in him a ready and courteous defendant. When he learned from the Princess that a big giant had invaded her kingdom, he at once granted her the promise of his services. Dorothea wanted to kiss his hand as a proof of her gratitude; but Don Quixote would ...
— The Story of Don Quixote • Arvid Paulson, Clayton Edwards, and Miguel de Cervantes Saavedra
... Police Court the other day a defendant stated that he was so ashamed of his crime that he purchased a revolver with the intention of shooting himself. On second thoughts he let himself ...
— Punch, or the London Charivari, Vol. 158, May 12, 1920 • Various
... advantage over her contestant which few men are able to resist, I would put it to any who has practiced law in the courts of this country; let him stand before a jury composed only of men, let the case be tried only by men; let all the witnesses be men; and the plaintiff or the defendant be a woman, and if you choose to add to that, even more unprotected than women generally are, a widow or an orphan, and does not every one recognize the difficulty, not to find protection for her rights, but the difficulty to induce the men who compose the juries of America to hold the balance ...
— History of Woman Suffrage, Volume II • Elizabeth Cady Stanton, Susan B. Anthony, and Matilda Joslyn Gage
... Trenton, New Jersey, there appeared in the Circuit Court of the United States two men, the legal giants of their day, to argue the case of Goodyear vs. Day for infringement of patent. Rufus Choate represented the defendant and Daniel Webster the plaintiff. Webster, in the course of his plea, one of the most brilliant and moving ever uttered by him, paused for a moment, drew from himself the attention of those who were hanging ...
— The Age of Invention - A Chronicle of Mechanical Conquest, Book, 37 in The - Chronicles of America Series • Holland Thompson
... merely was engaged in exhibiting it for scientific purposes as a member of the Aerial Experiment Association. To this the patentees did not object. Subsequently, however, the machine, with supplementary planes placed midway between the upper and lower aeroplanes, was publicly exhibited by the defendant corporation and used by Curtiss in aerial flights for prizes and emoluments. It further appears that the defendants now threaten to continue such use for gain and profit, and to engage in the manufacture and sale of such ...
— Flying Machines - Construction and Operation • W.J. Jackman and Thos. H. Russell
... Disengaging himself from a group of men at the corner of the square, the defendant in the case of Kenwright vs. Billings made a bee-line for his ...
— Viola Gwyn • George Barr McCutcheon
... altering her "boltsprit" that it became fixed and could not be run inboard. It was found that all which her owners had done was to pass an iron bolt through the bits and heel of the bowsprit, clenching it. The defendant insisted that thus he had rendered it a complete standing "boltsprit," and not a running one: and that, therefore, by such alteration, his vessel became transformed from a cutter to a sloop. And, according ...
— King's Cutters and Smugglers 1700-1855 • E. Keble Chatterton
... possible. He doth therefore presuppose indistinctly the very particular church where the brother offending and offended are members. And if they be not both of one church, the plaintiff must make his denunciation to the church where the defendant is. 3. As Christ doth speak it of any ordinary particular church indistinctly, so he doth by the name of church not understand essentially all the congregation. For then Christ should give not some, ...
— The Divine Right of Church Government • Sundry Ministers Of Christ Within The City Of London
... Skapti said. "You have overlooked the facts; you have treated as a party to the suit a man who was an outlaw, a man who was stopped from appearing either as plaintiff or defendant. I maintain that Grettir has no standing in the case, and that it must be brought by the kinsmen of the deceased who ...
— Grettir The Strong - Grettir's Saga • Unknown
... in Southcote's Case, and appears to involve a double distinction,—first between paid and unpaid bailees, next between bailees and servants. If the defendant was a servant not having control over the goods, he might not fall within the law of bailment, and factors are treated on the footing of servants ...
— The Common Law • Oliver Wendell Holmes, Jr.
... life he fought with the nobles of the new type, extravagant and elegant. He "barked" especially at the Scipios, accusing them of embezzling state moneys. In turn he was forty-four times made defendant in court, but was ...
— History Of Ancient Civilization • Charles Seignobos
... the whole world, at every place and hour, by every voice Fortune alone is invoked and her name spoken: she is the one defendant, the one culprit, the one thought in men's minds, the one object of praise, the one cause. She is worshipped with insults, counted as fickle and often as blind, wandering, inconsistent, elusive, changeful, and friend of ...
— Five Stages of Greek Religion • Gilbert Murray
... and the speeches and writings of patriots—are precisely the authentic publications of patriotism, edited by patriots, and edited, as a rule, for the benefit of the public. He ought to have seen in all this simply the special pleading of the defendant: he had, before his eyes, a ready-made history of the Revolution, which presents, side by side with each of the acts of the 'People,' from the massacres of September to the law of Prairial, a ready- made explanation ...
— The Psychology of Revolution • Gustave le Bon
... journey. It proved to be "The Two Admirals," and says Weed: "I commenced reading it in the cars, and became so charmed that I took it into the court-room and occupied every interval that my attention could be withdrawn from the trial with its perusal." Mr. Howe adds: "Plaintiff and defendant have rarely faced each other under ...
— James Fenimore Cooper • Mary E. Phillips
... he understanding that the man's means were large and his purse well filled, ran in a violent hurry cum gladiis et fustibus[53] to clap up a right grievous suit against him, looking not for an amendment of misbelief in the defendant, but for the filling of his own hand with florins to ensue thereof (as indeed it did,) and causing him to be cited, asked him if that which had been alleged against him ...
— The Decameron of Giovanni Boccaccio • Giovanni Boccaccio
... part in this measure, and, after demonstrating that the judges had arrogated to themselves the rights and functions of the jury, said that if, upon a motion in arrest of judgment, the innocence of the defendant's intention was argued before the court, the answer would be, and was, given uniformly, that the verdict of guilty had concluded the criminality of the intention, though the consideration of that question had been by the judge's authority wholly withdrawn ...
— Continental Monthly , Vol. 6, No. 1, July, 1864 - Devoted to Literature and National Policy. • Various
... brought a suit which was prosecuted through the Supreme Court of Illinois and resulted in an order entered against the State Board of Equalization, demanding that it tax the corporations mentioned in the bill. In spite of the fact that the defendant companies sought federal aid and obtained an order which restrained the payment of a portion of the tax, each year since 1900, the Chicago Board of Education has benefited to the extent of more than ...
— Twenty Years At Hull House • Jane Addams
... appeared for the Defendant in an action brought by four persons to recover a sum of money lost by his client in a betting transaction. In the course of his speech the judge (C. J. Wontone) interrupting him asked, Do I understand you to say that the Plaintiffs were ...
— Chess History and Reminiscences • H. E. Bird
... widow once appeared before Rav Nachman as plaintiff in a lawsuit. "What shall I do?" he said. "If I rise before her (to honor her as the widow of a Rabbi), the defendant, who is an amhaaretz, will feel uneasy; and if I don't rise I shall break the rule which ordains that the wife of an associate is to be treated as an associate." So he said to his servant, "Loose a young goose over my head, then ...
— Hebraic Literature; Translations from the Talmud, Midrashim and - Kabbala • Various
... thief. He comes up and makes his complaint to the master. The master then has a trial by jury. He does not knock one head against the other according to the old custom, but he hears both plaintiff and defendant, and having got the facts, he submits to the children themselves whether it was right in the one boy to take with violence What was not his own, and shews them which is the more to blame. Then they decide on the sentence; perhaps some one suggests that it should be the utmost ...
— The Infant System - For Developing the Intellectual and Moral Powers of all Children, - from One to Seven years of Age • Samuel Wilderspin
... other riders. For September was at hand and the young man needed all the prestige he could get. The district attorney had no choice but to go on with the case of the State versus Flandrau on a charge of rustling horses from the Bar Double M. But public sentiment was almost a unit in favor of the defendant. ...
— Crooked Trails and Straight • William MacLeod Raine
... instituted by either of the said parties hereto his heirs executors or administrators against the other of them his heirs executors or administrators before the party or parties his or their heirs executors or administrators who is or are to be a party or parties defendant or defendants in such suit or suits shall have refused or declined to refer the matters in difference to arbitration pursuant to the stipulation hereinbefore contained or the referees or their Umpire shall have declined or omitted to make any Award or determination ...
— The History of "Punch" • M. H. Spielmann
... brought under the notice of, and admitted to be correct by the other party, as is commonly the case with the "pass-books" employed backwards and forwards between bakers, butchers, and the like domestic traders, and their customers. The defendant may, however, compel the tradesman to produce his books to show entries adverse to ...
— The Book of Household Management • Mrs. Isabella Beeton
... required to register with the local authorities pass-ports which they must procure under the existing regulations, shall also observe police rules and regulations and pay taxes in the same manner as Chinese. Civil and criminal cases shall be tried and adjudicated by the authorities of the defendant nationality and an officer can be deputed to attend the proceedings. But all cases purely between Japanese subjects and mixed cases between Japanese or Chinese, relating to land or disputes arising from lease contracts, shall be tried and adjudicated by Chinese Authorities ...
— The Fight For The Republic In China • B.L. Putnam Weale
... exagerations familieres a De Beze," the statement of the Histoire eccles. des eglises reformees, "that in the Parliament of Rouen, whatever the cause might be, whoever was known to be of the (reformed) religion, whether plaintiff or defendant, was instantly condemned." Yet he quotes below (ii. 571, 573, 574), from Chancellor de l'Hospital's speech to that parliament, statements that fully vindicate the justice of the censure. "Vous pensez bien faire ...
— History of the Rise of the Huguenots - Volume 2 • Henry Baird
... fuller account of an action for a hundred thousand pounds, than of an action for fifty pounds. For a cause in which a large sum is at stake may be important only to the particular plaintiff and the particular defendant. A cause, on the other hand, in which a small sum is at stake, may establish some great principle interesting to half the families in the kingdom. The case is exactly the same with that class of subjects of which historians treat. ...
— Critical and Historical Essays Volume 1 • Thomas Babington Macaulay
... unless the instructor possessed much judgment and perseverance. The sport is very exciting; but the spectator must be well-mounted, and ride boldly, who would closely watch the swift, varying evolutions of the assailing party, and the sudden evasions of the helpless defendant." ...
— Anecdotes of Dogs • Edward Jesse
... by the afflicted children bearing testimony to being grievously tormented by defendant, who came sometimes in the shape of a black cat, a dog, or a pig, and who was sometimes accompanied by a black man. Louder next related his experience of being changed to a horse and ridden to a witches' ...
— The Witch of Salem - or Credulity Run Mad • John R. Musick
... any interest or curiosity separate from the personal interest inevitably connected with a case to which there were two such parties as a brutal, sensual, degraded ruffian, on one side in character of accuser, and on the other as defendant, a meek angel of a woman, timid and fainting from the horrors of her situation, and under the licentious gaze of the crowd—yet, at the same time, bold in conscious innocence, and in the very teeth of the suspicions ...
— Narrative And Miscellaneous Papers • Thomas De Quincey
... ruled for the defendant, and Penrod was considered to have carried his point. With fine consistency, the conclave established that it was proper for the general public to "say it," provided "go to heaven" should in all cases precede it. This prefix was pronounced a perfect disinfectant, removing all odour of impiety ...
— Penrod • Booth Tarkington
... the wrong. For the challenge was one which Harold could not but refuse. William looked on himself as one who claimed his own from one who wrongfully kept him out of it. He was plaintiff in a suit in which Harold was defendant; that plaintiff and defendant were both accompanied by armies was an accident for which the defendant, who had refused all peaceful means of settlement, was to blame. But Harold and his people could not look on the matter as a mere question between two men. The crown was Harold's ...
— William the Conqueror • E. A. Freeman
... Tip's release, with as little detriment as possible to the self-reliance and self-helpfulness of the young man, supposing him to possess any remnant of those qualities: without doubt a very wide stretch of supposition. Plornish, having been made acquainted with the cause of action from the Defendant's own mouth, gave Arthur to understand that the Plaintiff was a 'Chaunter'—meaning, not a singer of anthems, but a seller of horses—and that he (Plornish) considered that ten shillings in the pound 'would settle handsome,' and that more ...
— Little Dorrit • Charles Dickens
... Miss Prohack, Grand Babylon Hotel.' Got it? 'Dear Sir. With reference to the action instituted by your company against Miss Mimi Winstock, and to my claim against your company under my accident policy. I have seen the defendant. She had evidently behaved in an extremely foolish not to say criminal way; but as the result of a personal appeal from her I have decided to settle the matter privately. Please therefore accept this letter as a release from all your liabilities to me, and also as my personal undertaking ...
— Mr. Prohack • E. Arnold Bennett
... England, was also a native of Abingdon; he admitted prisoners to some rights, protected defendants in suits, and had the irons stricken off the accused when brought into court, for in those days of the cruel rule of Judge Jeffreys the defendant was always considered guilty until adjudged innocent. Holt originated the aphorism that "slaves cannot breathe in England:" this was in the famous Somerset case, where a slave was sold and the vendor sued ...
— England, Picturesque and Descriptive - A Reminiscence of Foreign Travel • Joel Cook
... magnificent burst of eloquence the case went to the jury. And after the jury retired, he sat, while they deliberated, by his client. And finally the jury came in. The foreman rose and said that "The jury find the defendant not guilty." The distinguished lawyer, in the presence of the crowd and jury, and justice of the peace, straightened back in his chair. "My dear Miss Smith, you are again a free woman. No longer the imputation of this heinous crime rests upon you. You may go from this court-room as free as the ...
— Modern Eloquence: Vol III, After-Dinner Speeches P-Z • Various
... of civil causes, it had, until latterly, been the custom of the court to insert in writing only the amount of the debt sought to be recovered, the damages which have been awarded, the names of the plaintiff and defendant, and the adjudication of the court; but in the opinion of many persons of consequence and respectability in the colony, it is absolutely requisite to cause all the viva voce evidence which is given in all civil cases to be taken down in writing. The following reasons are given for ...
— The Present Picture of New South Wales (1811) • David Dickinson Mann
... its commencement, and stated the impression, to the disadvantage of O'Mara, which the tale originally told by the two witnesses was calculated to make. But, on hearing the cross-examination of those witnesses, and seeing no evidence against the defendant but from sources so impure and corrupt—recollecting the severe penalties of the Vagrant Acts, and sitting there not merely as a judge, but also exercising the functions of a jury, he could not ...
— The Gaming Table: Its Votaries and Victims - Volume I (of II) • Andrew Steinmetz
... rather splendid, to strike the eye at once. Her son, on the contrary, wished for something simple and elegant. So in front of everything put before them they had each repeated their arguments. She declared that a client, a defendant, must be impressed; that as soon as he is shown into his counsel's waiting-room he should ...
— The Works of Guy de Maupassant, Volume VIII. • Guy de Maupassant
... record deposited in the office or custody of the recorder of the county of San Francisco on or before April 3d, 1850. This ordinance was approved by an act of the Legislature of the State in March, 1858, and the benefit of it and of the confirmatory act was claimed by the defendant ...
— Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State • Stephen Field; George C. Gorham
... against him. Pettier was defended by the celebrated Mackintosh, who, according to the accounts of the time, displayed great eloquence on this occasion, yet, in spite of the ability of his counsel, he was convicted. The verdict, which public opinion considered in the light of a triumph for the defendant, was not followed up by any judgment, in consequence of the rupture of the peace occurring soon after. It is melancholy to reflect that this nervous susceptibility to the libels of the English papers contributed certainly as much ...
— Memoirs of Napoleon Bonaparte, Complete • Louis Antoine Fauvelet de Bourrienne
... acumen and forensic eloquence I had harbored the profoundest veneration ever since I had heard his prosecution of a man named Tackleton for causing the death of neighbor Baylor's pet dog. I recall that on that occasion there was not a dry eye in the court and that even the defendant himself wept copiously; whereupon the presiding justice, fearing that he might be unduly influenced by the emotion of the auditors, ordered the constable to clear the room of everybody not a party to the cause. At this supreme moment Lawyer Miles, with streaming eyes and ...
— The House - An Episode in the Lives of Reuben Baker, Astronomer, and of His Wife, Alice • Eugene Field
... points, and the facts of the case, these varying with each individual. This palaver was made by a son claiming to inherit part of his father's property; at last, to the astonishment, and, of course, the horror, of the learned judge, the defendant, the wicked uncle, pleaded through the interpreter, "This man cannot inherit his father's property, because his parents married for love." There is no encouragement to foolishness of this kind in Cameroon, where ...
— Travels in West Africa • Mary H. Kingsley
... the direction for defendant was erroneous, because the jury should have been given the opportunity to pass upon the question whether he was or was not negligent in placing his wagon in such a position that it encroached three or four feet upon the transit ...
— Practical Argumentation • George K. Pattee
... also points out that a necessary corollary of the lee-gage, assumed for tactical reasons, is to aim at the assailant's spars, his motive power, so that his attack cannot be pushed farther than the defendant chooses, and at Stromboli the crippled condition of the French is evident; for after Ruyter had fallen to leeward, and could no longer help his separated rear, it was practically unmolested by the French, although none of these had been sunk. ...
— The Influence of Sea Power Upon History, 1660-1783 • A. T. Mahan
... ingenuous manner in which it was given, the mind of Mr. Bollman seemed to be at rest upon this subject, and their further conversation related to the case in which Sommers himself would appear as defendant, and in which Mr. Bollman was to act as ...
— Bucholz and the Detectives • Allan Pinkerton
... Digest of Dustbin Law, and recommend it to the perusal of every householder. In the case of The Vestry of Shoreditch v. Grimes, Lord Justice SLUSH remarks—"The Vestry complains that the Defendant's bin was improperly covered; that, in fact, it was not under coverture. To this the Defendant replies that his bin was void ab initio, as there was nothing in it. Then the question arises whether the Defendant's Cook was justified in tipping the Dustman into the empty bin, ...
— Punch, Or The London Charivari, Vol. 103, July 23, 1892 • Various
... would fail. When Professor Aiken's examination was concluded it was beyond recovery. All efforts to secure a conviction after that were a waste of time and money. The case could have been safely for the defendant given to the jury on the testimony of the prosecution alone. If I had been sitting as a judge in the case, I would have instructed the jury at the close of the case for the State, if there had been no other testimony, that ...
— Lippincott's Magazine of Popular Literature and Science - April, 1873, Vol. XI, No. 25. • Various
... asserted in many trials, for the greatest crimes; though often very ill practised, by the perpetual corruption of judges. And I remember, at a trial in Kent, where Sir George Rook[15] was indicted for calling a gentleman knave and villain; the lawyer for the defendant brought off his client, by alleging, that the words were not injurious; for, knave in the old and true signification, imported only a servant; and villain in Latin, is villicus; which is no more than a man employed in country ...
— The Prose Works of Jonathan Swift, Vol. VI; The Drapier's Letters • Jonathan Swift
... The defendant Moore always had an equal right with White to manufacture the pills—and by the agreement of 21st June, 1858 Moore is (illegible) to his original right and the defendants are manufacturing ...
— History of the Comstock Patent Medicine Business and Dr. Morse's Indian Root Pills • Robert B. Shaw
... for many millions, in a suit which might last for many years, against the Indian territory, could we entrust the Company with the government of that territory? Could we put the plaintiff in the situation of prochain ami of the defendant? Could we appoint governors who would have an interest opposed in the most direct manner to the interest of the governed, whose stock would have been raised in value by every decision which added to the burthens of their subjects, and depressed by every decision which diminished those burthens? ...
— The Miscellaneous Writings and Speeches of Lord Macaulay, Vol. 4 (of 4) - Lord Macaulay's Speeches • Thomas Babington Macaulay
... advocate who appears for the defence is not so much pleading for the client under the law, as arraigning the present legal system, setting up a new conception of law based upon common sense, human insight, and a morality finer than legalism. "Gentlemen," he says, "men like the defendant are destroyed daily under our laws for want of that human insight which sees them as they are, patients, and not criminals.... Justice is a machine that, when someone has once given it the starting push, rolls on ...
— Personality in Literature • Rolfe Arnold Scott-James
... the commanding officer of the battery had felt quite giddy, and the presiding judge had perpetrated the cheap witticism that the entire German army might have been fed for a month on the cattle that the defendant had bullied into existence. He, Wegstetten, had hardly been in a humour to enjoy the joke, when the senior major (that detestable Lischke, in whose bad books he already stood), who was commanding the regiment during the colonel's absence ...
— 'Jena' or 'Sedan'? • Franz Beyerlein
... since in American jurisprudence. Powerful forces came into play there, and the reports that have been preserved read like scenes from Shakespeare. In the case of Rebecca Nurse, the Judge said to the defendant: ...
— The Life and Genius of Nathaniel Hawthorne • Frank Preston Stearns
... to obey, and threatened one of the midshipmen—a serious act of insubordination, which, according to the laws then in force, entailed corporal punishment on its perpetrator. I immediately called a court-martial, which, having heard witnesses and defendant, according to regulations, sentenced the man to a certain number of strokes with the rope's end. The hour for carrying out the sentence came, the crew was mustered, the officers in their places and under arms. I was in my cabin, just buckling ...
— Memoirs • Prince De Joinville
... sensibilities to such a pitch as to declare, that, though his client asked only for one hundred dollars, he considered the jury bound in conscience to give him two. The Doctor afterwards told me that he had walked eighty miles to act as counsel in this court. A tailor argued stoutly for the defendant, but with little success; his client was ...
— Journal of an African Cruiser • Horatio Bridge
... ignorant and craven-hearted relatives, that this master of procedure is betrayed into the expression of threats or the commitment of some other offense which conveys him summarily from the civil to the criminal courts, and the unrepentant pursuer becomes the defendant, unless, indeed, the insane asylum has become his ...
— Studies in Forensic Psychiatry • Bernard Glueck
... much about my mother, who might have been likened on such occasions to a grand jury compelled to indict, yet torn between loyalty to an oath and sympathy with the defendant. I went through the Peters yard, climbed the wire fence, my object being to discover first from Ella, the housemaid, or Hannah, the cook, how much was known in high quarters. It was Hannah who, as I opened the kitchen door, ...
— The Crossing • Winston Churchill
... accrue under this act shall be sued for and recovered in an action of debt, in the name of the United States, before any court having jurisdiction of the same, (in any state or territory in which the defendant shall be arrested or found,) the one half to the use of the informer and the other half to the use of the United States, except when the prosecution shall be first instituted on behalf of the United States, in which case the whole shall ...
— Impressions of America - During The Years 1833, 1834, and 1835. In Two Volumes, Volume II. • Tyrone Power
... indictment had been found against him, before he could be tried he was called upon to answer, or, in technical parlance, to plead. A plea in bar is an answer, either affirming or denying the offence charged in the indictment, or, if of a dilatory character, showing some ground why the defendant should not be called upon to answer at all. In those days, in all capital cases, the estates of the criminal, on conviction and judgment, were forfeited to the crown. The blood of the offender was considered as corrupted, ...
— Graham's Magazine Vol XXXII No. 1 January 1848 • Various
... seen in his arms by his three friends. Mrs. Bardell put herself in the hands of Messrs. Dodson and Fogg (two unprincipled lawyers), who vamped up a case against Mr. Pickwick of "breach of promise," and obtained a verdict against the defendant. Subsequently Messrs. Dodson and Fogg arrested their own client, and lodged her in the Fleet.—C. ...
— Character Sketches of Romance, Fiction and the Drama, Vol 1 - A Revised American Edition of the Reader's Handbook • The Rev. E. Cobham Brewer, LL.D.
... that of assault and battery committed upon a money-lender, I believe; and the defendant—a venerable villager with a straight white beard—sat on a mat just outside the door with his sons, daughters, sons-in-law, their wives, and, I should think, half the population of his village besides, squatting or standing around him. A slim dark ...
— Lord Jim • Joseph Conrad
... being converted from a court of justice into a theatre for rhetorical display, insisted that it should sit, like every other criminal tribunal, de die in diem, till the verdict was delivered. And he enforced both upon the managers of the House of Commons and on the counsel for the defendant the wholesome rules of procedure established for the detection of crime and the protection of innocence."[152] It is well known that on the trial of Hastings the managers of that impeachment, and most especially Burke, claimed ...
— The Constitutional History of England From 1760 to 1860 • Charles Duke Yonge
... bill is that it grants this right to the accused after the jury has been secured. Why, if the defendant didn't like the adverse rulings of the Judge he could easily claim bias and the law would upheld his demand for another Judge. Think of how that would operate in the Calhoun trial in San Francisco. Such ...
— Story of the Session of the California Legislature of 1909 • Franklin Hichborn
... when he had cooled, think of it without vexation and shame. The government, however, with its usual folly, treated him so severely that in a short time the public sympathy was all on his side. A criminal information was filed in the King's Bench. The defendant took his stand on the privileges of the peerage but on this point a decision was promptly given against him nor is it possible to deny that the decision, whether it were or were not according to the technical rules of English law, was in strict conformity with the great principles ...
— The History of England from the Accession of James II. - Volume 2 (of 5) • Thomas Babington Macaulay
... the matter of the open range land," said the Judge. "The matter was laid over until to-day to enable the defendant to produce certain papers in court substantiating his claim to pasturage along Spur Creek. Are you ready to proceed, Mr. Bonnett?" and he looked at Mr. ...
— The Boy Ranchers at Spur Creek - or Fighting the Sheep Herders • Willard F. Baker
... capitalism. It is precisely for that reason that the bourgeois ideologists—and all bourgeois economists are that—defend the Malthusian theories. Hence in Germany also and in particular the notion of "over-production" ever finds support among the bourgeoisie. Capital is the innocent defendant, the workingman ...
— Woman under socialism • August Bebel
... formulated against him, and the case admitted to trial within a short period, with obligation for publication and conclusion; and within the probatory limit the testimonies given in the preliminary process shall be verified, other new ones received, if there be any, and the defendant's plea taken. The time having expired, the case shall be decided. If any of the parties shall appeal, the original process shall be sent to the Audiencia; because in this way the said natives will avoid heavy expense ...
— The Philippine Islands, 1493-1898 - Volume XI, 1599-1602 • Various
... was a writ citing Bassett to appear as defendant in a suit brought in the circuit court by Edward G. Thatcher against the Courier Publishing Company, Morton Bassett, ...
— A Hoosier Chronicle • Meredith Nicholson
... little difficulty in shewing your worship that the crime was premeditated, and that the defendants were literally thirsting to avenge themselves in this bloodthirsty manner. I shall shew the Court that the defendant Morris set himself to avenge a wrong—or rather what his warped imagination considered a wrong—and, coward that he was, thinking that man to man would be an unequal match he sought an accomplice in the man by his side. Both of them hounded my client down, tracked him over ...
— Australia Revenged • Boomerang
... notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if the work carries a proper notice, the court will not *give any weight to a defendant's interposition of an innocent infringement defense*—that is, that he or she did not realize that the work was protected. An innocent infringement defense may result in a reduction in damages that the ...
— Supplementary Copyright Statutes • Library of Congress. Copyright Office.
... mowed off by the shower of bullets which passed through them. I saw no place where there was greater evidence of severe work. There was everywhere full proof that the battle was a determined one. Assailant and defendant had done ...
— Camp-Fire and Cotton-Field • Thomas W. Knox
... his vizier for a moment, and then, turning towards the luckless Figgins, who found himself changed from the plaintiff into the defendant, he ...
— Jack Harkaway's Boy Tinker Among The Turks - Book Number Fifteen in the Jack Harkaway Series • Bracebridge Hemyng
... from awkward situations into which he had been led by his ignorance of the details of the case in which he happened to be engaged. In the sensational libel case of Bagwell v. Muter, FIGTREE, as you must remember, appeared for the defendant. When the plaintiff's Junior Counsel had opened the pleadings, FIGTREE actually got up, and, had not his own Junior pulled him down, he would then and there have opened the case for the plaintiff. Yet FIGTREE's cross-examination of that same plaintiff, travelling as it did over a ...
— Punch, Or The London Charivari, Vol. 101, December 12, 1891 • Various
... encountered, that at last, with a murrain to her, she cast her bewitching eye upon me. I no sooner met it but I bowed like a great surprized booby; and knowing her cause was to be the first which came on, I cried, like a great captivated calf as I was, 'Make way for the defendant's witnesses.' This sudden partiality made all the county immediately see the sheriff also was become a slave to the fine widow. During the time her cause was upon trial, she behaved herself, I warrant you, ...
— The Best of the World's Classics, Restricted to Prose, Vol. IV (of X)—Great Britain and Ireland II • Various
... who for reasons of his own "nursed" the case so long that after five years had elapsed without any conclusion being reached another judge was appointed, who had himself suffered from the caustic tongue of the prosecutrix, and so was already prejudiced against her. The defendant, knowing this, turned the tables on her opponent by bringing an accusation of witchcraft against her, and Catherine Kepler was imprisoned and condemned to the torture in July, 1620. Kepler, hearing of the sentence, hurried back from Linz, and succeeded in stopping ...
— Kepler • Walter W. Bryant
... matter, and if they cannot end it, then they prefer it to the magistrate. The plaintiff craveth of the said magistrate that he may have leave to enter law against his adversary, and having obtained it, the officer fetcheth the defendant and beateth him on the legs till he bring forth a surety for him; and if he be not of such credit as to procure a surety, then are his hands by an officer tied to his neck, and he is beaten all the way till he come before ...
— The Discovery of Muscovy etc. • Richard Hakluyt
... cook. He brought an action for libel against one William Ascrick, for saying "that he did strike his cook with a cleaver, so that one moiety of the head fell on one shoulder, and the other on the other shoulder." The defendant was ordered to pay L30 damages, but appealed, and successfully; the worthy lawyers of that day deciding that though Sir Thomas might have clove the cook's head, the defendant did not say he had killed the man, and hence had not libelled ...
— Showell's Dictionary of Birmingham - A History And Guide Arranged Alphabetically • Thomas T. Harman and Walter Showell
... treasons,' Phillips proceeded: 'The question is, whether Ralegh be guilty, as joining with or instigating him. If Lord Cobham's accusation be true, he is guilty. If not, he is clear. Ralegh hath no answer. Of as much wit as the wit of man can devise, he useth his bare denial. A denial by the defendant must not move the jury.' Nothing could be more crushing than the calm rejoinder: 'You have not proved any one thing by direct proofs, but all by circumstances. I appeal to God and the King on this point whether Cobham's accusation be sufficient ...
— Sir Walter Ralegh - A Biography • William Stebbing
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