"Defendant" Quotes from Famous Books
 ... he much wonders at their honest simplicity, that could keep peace so well, and end such great causes by that means." At [519]Fez in Africa, they have neither lawyers nor advocates; but if there be any controversies amongst them, both parties plaintiff and defendant come to their Alfakins or chief judge, "and at once without any farther appeals or pitiful delays, the cause is heard and ended." Our forefathers, as [520]a worthy chorographer of ours observes, had wont pauculis cruculis aureis, ...
— The Anatomy of Melancholy • Democritus Junior
... common in actions of this kind, for the defendant to treat with contumely the humble situation of the injured prosecutor. I do not apprehend much from any such attempt in this cause. I acknowledge, gentlemen, that my client is a very humble individual, but he is a respectable ...
— A Voyage Round the World, Vol. I (of ?) • James Holman
... 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
... so urgent that a small sacrifice of right is justifiable. In that celebrated law case of Shylock the Jew versus Antonio the merchant, so ably reported by William Shakespeare, Esq., this reason was plainly stated. The defendant's attorney, Bassanio, in order to avert from his client the dreadful forfeit of a pound of flesh taken nearest his heart, appealed to ...
— American Missionary, Volume 43, No. 10, October, 1889 • Various
... city. It is worthy of note that no claim was made by the plaintiff that Mary Quickly, being a black woman, had no right to own a slave. The grounds for the suit had no relation whatever to the race or color of the defendant, Mary Quickly.[12] ...
— The Journal of Negro History, Vol. I. Jan. 1916 • Various
... 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
... defendant, an' for the purposes of the forthcomin' action your name's John Doe. You four other characters are the jury, an' that don't leave nothin' for me to be except plaintiff, prosecutin' attorney, judge, an' court bailiff." Jerking his gun from its holster the cowboy grasped it by ...
— Prairie Flowers • James B. Hendryx
... 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 |
