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More "Defendant" Quotes from Famous Books
 ... had waited, until well on into the night, the decision of the tribunal. The defendant appeared animated by hope. She had become a woman again: she was talking placidly with him and smiling at the gendarmes and eulogizing the army.... "Frenchmen, gentlemen, were incapable ...
— Mare Nostrum (Our Sea) - A Novel • Vicente Blasco Ibanez
... frequently violate their oaths in favour of life. In civil suits, on the other hand, they too often forget that their duty is merely to give the plaintiff a compensation for evil suffered; and, if the conduct of the defendant has moved their indignation and his fortune is known to be large, they turn themselves into a criminal tribunal, and, under the name of damages, impose a large fine. As housebreakers are more likely to take plate and jewellery than to cut throats; as juries are far more likely to err on the side ...
— The History of England from the Accession of James II. - Volume 5 (of 5) • Thomas Babington Macaulay
... that eight Jurors or two-thirds of them (if any were absent through sickness or any other reasonable cause), in every case could bring in a verdict of guilty in criminal cases or for the Complainant or Defendant in civil cases, and if eight did not find the Defendant guilty, the case was dismissed-but if guilty the Defendant had only to say "I appeal," and a copy of the evidence was sent immediately to the Supreme Court, composed of Judges, elected by the people, one from each district, ...
— Eurasia • Christopher Evans
... Heney worked on. Another jury brought a verdict of "not guilty" at the second trial of a trolley-bribe defendant. Some of the newspapers had changed by almost imperceptible degrees, were veering toward the cause ...
— Port O' Gold • Louis John Stellman
... commencement of this suit, said Dr. Emerson sold and conveyed the plaintiff, said Harriet, Eliza, and Lizzie to the defendant, as slaves, and the defendant has ever since claimed to hold them and each of ...
— 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
... 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 this is a form of punishment ...
— Where the Strange Trails Go Down • E. Alexander Powell
... Kamp-fight ordeal of the Saxons. I will only (says Mr. P.) mention an instance. It was when the unfortunate armourer entered into the lists, on account of a false accusation of treason, brought against him by his apprentice, in the reign of Henry VI. The friends of the defendant had so plied him with liquor, that he fell an easy conquest to his accuser. Shakspeare has worked this piece of history into a scene, in the second part of Henry VI., but has made the poor armourer confess his treasons in his dying moments; for in the time in which this custom prevailed, ...
— The Mirror of Literature, Amusement, and Instruction, - Volume 12, No. 329, Saturday, August 30, 1828 • Various
... to say. At this 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, ...
— The Trials of the Soldier's Wife - A Tale of the Second American Revolution • Alex St. Clair Abrams
... the island of Hispaniola, and though without foundation, as her acquittal proved, yet they were subjected to the payment of very heavy expenses. It is to be observed, that in no country does government pay the costs of a defendant in any prosecution, and that often, though the party be acquitted, there may have been colorable cause for the prosecution. However this may have been in the present case, should the parties think proper to endeavor, ...
— Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson - Volume I • Thomas Jefferson
... a good plea 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
... 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 to enforce ...
— An Essay on the Trial By Jury • Lysander Spooner
... corrected the half-lie which accompanies so many whispered self—accusations. Confidences and confessions are too often a means of evasion of justice—a laying of the case for the plaintiff before a judge without allowing the defendant to be present or to call a witness. Rachel, by dint of long experience, which did slowly for her the work of imagination, had ceased to wonder at the faithfully chronicled harsh words and deeds of generous souls. She knew or guessed at the unchronicled treachery or deceit which had brought ...
— Red Pottage • Mary Cholmondeley
... and no jury is ever impaneled except in cases concerning the liberty of the press. When a newspaper is accused of libel or sedition, the complainant, whether he be a member of the police or any other official of the government, chooses three jurymen, the defendant three, and the court three. These nine men hear and decide the merits of the case without application of such strict rules of evidence as prevail in the legal practice of the United States. All judicial procedure in Sweden is based upon ...
— Norwegian Life • Ethlyn T. Clough
... 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 ...
— Innocents abroad • Mark Twain
... Paradoxically, however, Collins searched with a zealot's avidity for any controversy which would either assert his faith or test his disbelief. When once he found his engagement, he revelled in it, whether as the aggressor or the harassed defendant. For example, in the "Preface" to the Scheme of Literal Prophecy Considered he boastfully enumerated all the works—some twenty-nine—which had repudiated his earlier Discourse on the Grounds and Reasons of the Christian ...
— A Discourse Concerning Ridicule and Irony in Writing (1729) • Anthony Collins
... 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 footing. There is no sham sentiment ...
— Pebbles on the Shore • Alpha of the Plough (Alfred George Gardiner)
... 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 ...
— The Decameron of Giovanni Boccaccio • Giovanni Boccaccio
... and M. Antonius. The first of these is AEMILIUS SCAURUS (163-90? B.C.), the haughty chief of the senate, the unscrupulous leader of the oligarchical party. His oratory is described by Cicero [31] as conspicuous for dignity and a natural but irresistible air of command; so that when he spoke for a defendant, he seemed like one who gave his testimony rather than one who pleaded. This want of flexibility unfitted him for success at the bar; accordingly, we do not find that he was much esteemed as a patron; but for ...
— A History of Roman Literature - From the Earliest Period to the Death of Marcus Aurelius • Charles Thomas Cruttwell
... Court I had occasion to avail myself of Mr. Sidney's marvellous ability as an expert in handwriting. The case turned entirely upon his testimony, although some twenty witnesses testified on each side that they had seen the defendant write, and that, in their opinion, the signature was or was not genuine. Mr. Sidney did not arrive till the moment the case was about to be given to the jury, and I had no opportunity of conversing with him, except to ...
— Stories by American Authors, Volume 2 • Various
... [The Defendant in a recent breach of promise case wrote to his intended, "When we are married you will have to sit with me when I ...
— Punch, Or The London Charivari, Volume 102, January 23, 1892 • Various
... prosecution there was that in the leading counsel's manner—a gravity, a kindness, 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 ladies shed furtive tears. Even the counsel ...
— The Imperialist • (a.k.a. Mrs. Everard Cotes) Sara Jeannette Duncan
... from 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 bring himself to convict ...
— The Gaming Table: Its Votaries and Victims - Volume I (of II) • Andrew Steinmetz
... signed by some 20,000 sympathetic persons all over the United States. Clergymen, philanthropists, and prominent public men, were among the signers, as well as the jurors who convicted and the sheriff who locked up the defendant. ...
— The Armies of Labor - Volume 40 in The Chronicles Of America Series • Samuel P. Orth
... observation where the accused Negro was not only tried without being represented by counsel, but on ex parte evidence, the black defendant not being permitted to testify in his own behalf or to introduce proof. These cases were not ...
— Twentieth Century Negro Literature - Or, A Cyclopedia of Thought on the Vital Topics Relating - to the American Negro • Various
... Lady Mordaunt was insanity. The Prince of Wales, though not specified in the indictment, was so widely gossiped about as being connected with the case that he asked to be heard and swore positively that there had been no improper relations between himself and the defendant. Two of the Judges on Appeal—Lord Penzance and Mr. Justice Keating—agreed with the jury's verdict that Lady Mordaunt was insane, while Chief Baron Kelly differed. The woman in the case was for years afterwards confined in a lunatic asylum, and it has long since ...
— The Life of King Edward VII - with a sketch of the career of King George V • J. Castell Hopkins
... him. Disengaging himself from a group of men at the corner of the square, the defendant in the case of Kenwright vs. Billings made a ...
— Viola Gwyn • George Barr McCutcheon
... restricted to the observing of all judicial formalities, authentic papers, citations of witnesses and challenges of testimony, interrogatories and pleadings, allegation of canons, laws and precedents, presence of the defendant, opposing arguments, delays in procedure, publicity and scandal. Before the slow march and inconveniences of such a trial, the bishop often avoided giving judgment, and all the more because his verdicts, even when confirmed by the ecclesiastical ...
— The Origins of Contemporary France, Volume 6 (of 6) - The Modern Regime, Volume 2 (of 2) • Hippolyte A. Taine
... 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 ...
— The Book of Three Hundred Anecdotes - Historical, Literary, and Humorous—A New Selection • Various
... process of weeding out the jury, which, when it came his turn, Rumpety performed with a free hand. The prosecution having dismissed some half-dozen men and "passed" the jury, the defendant began his inquisition. He asked no unnecessary questions, gave no reasons for his prejudices, but with unalterable decision declared, "I won't have that man on the jury at all!" or, "I don't ...
— Peak and Prairie - From a Colorado Sketch-book • Anna Fuller
... with four stomachs, and capacity for oyster-eating that must have thrown the late Mr Dando into despair, is nothing more than an attempt to make the whole affair ridiculous, and allow the conduct of the defendant to escape the obloquy it deserved, under cover of the laughter excited by so ludicrous an image. If there were any "coups meurtriers" in the case, we will venture the long odds that the mark of them was left in the ogles, or other undefended ...
— Blackwood's Edinburgh Magazine, Volume 57, No. 356, June, 1845 • Various
... 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, ...
— The Poetical Works of Edward Young, Volume 2 • Edward Young
... 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 ...
— Memoirs • Prince De Joinville
... 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 a right of giving evidence ...
— The Constitutional History of England From 1760 to 1860 • Charles Duke Yonge
... "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, ...
— Little Bobtail - or The Wreck of the Penobscot. • Oliver Optic
... Fitzherbert's "Grand Abridgment,"[313] and had found, that duelling is a very ancient part of the law: for when a man is sued, be it for his life or his land, the person that joins the issue, whether plaintiff or defendant, may put the trial upon the duel. Further he argued, under favour of the court, that when the issue is joined by the duel in treason or other capital crimes, the parties accused and accuser must fight in their own proper persons: but if the dispute be for lands, you may hire a champion ...
— The Tatler, Volume 1, 1899 • George A. Aitken
... so taketh hearing of causes, either in Forma iuris, or de iure & aequo. Hee substituteth some Gentleman in the Shire of good calling and discretion, to be his Vice-Warden, from whom either partie, complainant or defendant, may appeale to him, as from him (a case of rare experience) to the Lords of the Councill, and from their Honours to her Maiesties person: other appeale or remoouing to the ...
— The Survey of Cornwall • Richard Carew
... come, Conn," the Judge greeted him. Now that the defendant had arrived, the trial could begin. "I wish your father could have gotten here. I asked him to come, but he had a prior engagement. A meeting with some of the financial people here, about some company he's ...
— The Cosmic Computer • Henry Beam Piper
... who were prominent through merit and hated those who behaved insolently, even on the very slightest grounds. This Servilius while walking had once met on the road a man on horseback, who so far from dismounting on his approach spurned him violently aside. Later he recognized the fellow in a defendant of a case in court, and when he mentioned the affair to the judge, they paid no further attention to the man's ...
— Dio's Rome, Vol. III • Cassius Dio
... was in a shyp of his fathers in tyme of sore wether / & whan all other for feare of lesynge them selfe forsoke the shyp & gate them into the bote: he onely abode / and by chaunce was safe brought into the hauen / wherupon he chalengeth the vessell for his / where as the party defendant wyll lay against hym that he is abdicate or for- saken of his father / and so can nat by the law haue any parte ...
— The Art or Crafte of Rhetoryke • Leonard Cox
... great Semitic trial of this issue, Job takes refuge in silence and submission; the Indian and the Greek, less wise perhaps, attempt to reconcile the irreconcilable and plead for the defendant. To this end, the Greeks invented Theodicies; while the Indians devised what, in its ultimate form, must rather be termed a Cosmodicy. For, although Buddhism recognizes gods many and lords many, they are products of the cosmic process; and transitory, however long enduring, manifestations of ...
— Evolution and Ethics and Other Essays • Thomas H. Huxley
... Court. Before Aldermen Gossage and Neil. Thomas Lynch, charged with being drunk and disorderly and with assaulting a constable. Defendant rescued a woman from custody, kicked the constable, and threw stones at him. Fined 3s. 6d. for the first offence, and 10s. ...
— The People of the Abyss • Jack London
... as in drama, and their speeches are like tirades from a tragedy of Racine. But here Dryden's rhetorical habit and his fondness for reasoning in rime run away with him, and make his art inferior to Boccaccio's. Sigismonda argues her case like counsel for the defendant. She even enjoys her own argument and carries it out with ...
— A History of English Romanticism in the Nineteenth Century • Henry A. Beers
... their parents, the wife that of her husband, the freedman that of his patron; and in all causes where the parties were of different nations, the plaintiff or accuser was obliged to follow the tribunal of the defendant, who may always plead a judicial presumption of right, or innocence. A more ample latitude was allowed, if every citizen, in the presence of the judge, might declare the law under which he desired to live, and the national society to which he chose to belong. ...
— The History of The Decline and Fall of the Roman Empire - Volume 3 • Edward Gibbon
... peril has just been disclosed in the publication of the Motu Proprio Papal Decree, under which the bringing by a Roman Catholic layman of a clergyman of his Church into any civil or criminal procedure in a court of law, whether as defendant or witness, without the sanction previously ob tamed of his bishop, involves to that layman the extreme penalty of excommunication. The same penalty appears to be incurred ipso facto by any Roman Catholic Member of Parliament who takes part in passing, and by every executive officer ...
— Against Home Rule (1912) - The Case for the Union • Various
... 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 if he were stopped. The judge usually comes to the rescue and tells the ...
— The Man in Court • Frederic DeWitt Wells
... 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 authority, and were ...
— England Under the Tudors • Arthur D. Innes
... 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 ...
— The Essays of "George Eliot" - Complete • George Eliot
... 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 ...
— How to Get on in the World - A Ladder to Practical Success • Major A.R. Calhoon
... 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 ...
— 'Jena' or 'Sedan'? • Franz Beyerlein
... question which has been most sharply brought to public attention is the larger legal significance of the Indian's induction into citizenship. This has made itself manifest not only in a great access of litigation in which the citizen Indian figures as a party defendant and in a more widespread disposition to levy local taxation upon his personalty, but in a decision of the United States Supreme Court which struck away the main prop on which has hitherto rested the Government's benevolent effort to protect him against the evils of intemperance. The court holds, ...
— State of the Union Addresses of Theodore Roosevelt • Theodore Roosevelt
... by counsel and attorney there at Guildford does appear, Asking damage of the villain who seduced his lady dear: But I can't help asking, though the lady's guilt was all too clear, And though guilty the defendant, wasn't the plaintiff ...
— Ballads • William Makepeace Thackeray
... 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 which beset her, winning the good opinion, ...
— The Uncollected Writings of Thomas de Quincey, Vol. 2 - With a Preface and Annotations by James Hogg • Thomas de Quincey
... left 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 Jones for ...
— The Pioneers • James Fenimore Cooper
... with which the pagan 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 Mohammedan 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 ...
— Travels in the Interior of Africa - Volume 1 • Mungo Park
... the object to be gained in each? b. In respect to the party that is the plaintiff? c. In respect to the consequences to the defendant if the ...
— Civil Government in the United States Considered with - Some Reference to Its Origins • John Fiske
... 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 ...
— Verses • Susan Coolidge
... 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 police or the prosecuting attorney ...
— The Substitute Prisoner • Max Marcin
... 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 disposal of ...
— The Suppression of the African Slave Trade to the United States of America - 1638-1870 • W. E. B. Du Bois
... or damage amounting to 40s. were to be heard on both sides as in other courts, the verdict being given by a jury of twelve miners; but in lesser causes by the Constable of the Court. Provision was also made that "every defendant have twenty-four hours' notice to provide for his defence," every witness being allowed 12p. a-day, the fees of the Court remaining the same as before, all which, as well as the defendant's time, the plaintiff losing ...
— The Forest of Dean - An Historical and Descriptive Account • H. G. Nicholls
... few seconds after he has done this, to recollect if he has forgotten any thing. The witnesses to whom he has referred then rise up and tell all they themselves have seen or heard, but not any thing that they have heard from others. The defendant, after allowing some minutes to elapse so that he may not interrupt any of the opposite party, slowly rises, folds his cloak around him, and, in the most quiet, deliberate way he can assume—yawning, blowing his nose, etc.—begins to explain the affair, denying the charge, or admitting ...
— Missionary Travels and Researches in South Africa - Journeys and Researches in South Africa • David Livingstone
... court for such act, he may cause such suit to be immediately removed into the Circuit Court of the United States; and if the State court refuse a copy of its record, that record may be supplied by affidavit; and if the defendant be under arrest, or in custody, he is to be brought by habeas corpus before the Circuit Court of the United States. Under the first part of these provisions, writs of mandamus and injunction may be issued, ...
— The New England Magazine Volume 1, No. 6, June, 1886, Bay State Monthly Volume 4, No. 6, June, 1886 • Various
... 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 Twelve Tables • Anonymous
... patrimony; but I submit that no government lawyer would ever think of setting up the plea that the owner of that peculiar strip of land was an impostor. The man might have no title-deeds to produce, to be sure; but counsel for the defendant would plead that neither did he require any. 'This man's title' (counsel would say) 'is—occupation for a thousand years. His evidences are—the allowance of the State throughout that long interval. Every procession to St. Stephen's—every procession ...
— The Causes of the Corruption of the Traditional Text of the Holy Gospels • John Burgon
... most 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 of the government's viewpoint as expressed in F.I.D. No. 91, which was ...
— All About Coffee • William H. Ukers
... pertinaciously returned all letters directed to Aspinwall, with "no such place known" marked upon them in the very spot for which they were intended. And, in addition to this, the legal authorities refused to compel any defendant to appear who was described as of Aspinwall, and put every plaintiff out of court who described himself as ...
— Wonderful Adventures of Mrs. Seacole in Many Lands • Mary Seacole
... on 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 shillings it contained into his hand. When he ...
— The Perpetual Curate • Mrs [Margaret] Oliphant
... gentlemen! We have seen gold-fish and silver-fish, but golden eels are first discovered by this defendant The apostle, in Holy Writ, caught a fish with a coin in its mouth; but this man leaves the apostle in the dim distance when he finds eels that are all money. No storied fisherman of Bagdad, catching enchanted princes ...
— Eli - First published in the "Century Magazine" • Heman White Chaplin
... committed the alleged adultery and gave proof that his income was not as stated. Attorney Tessier evaded the evidence of adultery, but fought hard against the evidence of prosperity. Referee Firth made his report finding the defendant guilty of the statutory offense, and ordered a decree of divorce, with a diminished alimony. He appended a transcript of the evidence and filed it with the Clerk of the County of New York. The statutory fee for a referee was ten dollars a day, but the lawyers had quietly agreed ...
— We Can't Have Everything • Rupert Hughes
... exclaimed the judge, in unbounded astonishment. "It was raving madness in you to refuse the plaintiff's brief; but to accept the defendant's—" ...
— Ishmael - In the Depths • Mrs. E. D. E. N. Southworth
... 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 she ...
— The Rainbow Trail • Zane Grey
... departed! His marshals would have to make returns upon their writs similar to that of the Kentucky constable. A Kentucky fight once occurred at a tavern on 'Bar Grass!' One of the combatants broke a whisky bottle over the head of his antagonist. The result was a State's warrant. The defendant fled through a corn-field, over the creek, into a swamp, and there climbed a stump. Seating himself in the fork, he drew his 'bowie,' and as the constable approached in pursuit, ...
— Perley's Reminiscences, Vol. 1-2 - of Sixty Years in the National Metropolis • Benjamin Perley Poore
... his bed the lawyer sees, And takes the plaintiff's and defendant's fees. His fellow pick-purse, watching for a job, Fancies his fingers in the ...
— The Poems of Jonathan Swift, D.D., Volume I (of 2) • Jonathan Swift
... jury had to consider was, whether the defendant had published the letter set out in the information, and whether the inuendos, imputing a particular meaning to particular words, as that 'the K——' meant His Majesty King George III., but that they were not to consider whether the publication was 'false and malicious,' these being mere formal ...
— International Miscellany of Literature, Art and Science, Vol. 1, - No. 3, Oct. 1, 1850 • Various
... on the face. The second boy is as great a coward as he is a 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 ...
— The Infant System - For Developing the Intellectual and Moral Powers of all Children, - from One to Seven years of Age • Samuel Wilderspin
... arguments held 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 enough to have a dispute with a great Power. According to the principles ...
— World's War Events, Vol. I • Various
... well-known character who frequently was called to act along with other good men and true. As soon as they had retired to deliberate on the evidence they had heard, he would button up his coat and "turn in" on a bench, exclaiming, "Gentlemen, I'm for bringing in a verdict for the plaintiff (or the defendant, as he had settled in his mind), and all Creation can't move me. Therefore as soon as you have all agreed with me, wake me up and we'll ...
— Law and Laughter • George Alexander Morton
... 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
... 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
... for the plaintiff might as well sit down,' he said, 'and save his breath. I've decided this case in favor of the defendant long ago. It is plain to every one that Cerberus is only one dog, in spite of his many talents and manifest ability to be in several places at once, and inasmuch as the tax which is sued for is merely ...
— The Enchanted Typewriter • John Kendrick Bangs
... made a counter statement to the following effect: O'Cahan had no estate in the territory that was by a corruption of speech called O'Cahan's country; nor did he or any of his ancestors ever hold the said lands but as tenants at sufferance, servants and followers to the defendant and his ancestors. His grandfather Con O'Neill was seised in fee of those lands before he surrendered to Henry VIII., 'and received yearly, and had thereout, as much rents, cutting, spending and all other duties as of any other ...
— The Land-War In Ireland (1870) - A History For The Times • James Godkin
... had not been strictly 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], ...
— Southern Literature From 1579-1895 • Louise Manly
... out of a matrimonial case, in which the defendant appealed to Canterbury against a sentence of the sub-dean of Hereford, he was at last excommunicated by the Archbishop for refusing to go to discuss the affair with him at Lambeth. At Rome he obtained a favourable decree, but died in Tuscany on the ...
— Bell's Cathedrals: The Cathedral Church of Hereford, A Description - Of Its Fabric And A Brief History Of The Episcopal See • A. Hugh Fisher
... 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, ...
— Punch, or the London Charivari, Volume 98, March 1, 1890 • Various
... market town of Henley-in-Arden, and he is first mentioned in the borough records as paying in that month a fine of twelve-pence for having a dirt-heap in front of his house. His frequent appearances in the years that follow as either plaintiff or defendant in suits heard in the local court of record for the recovery of small debts suggest that he was a keen man of business. In early life he prospered in trade, and in October 1556 purchased two freehold tenements at Stratford—one, with a garden, in Henley Street (it adjoins that now ...
— A Life of William Shakespeare - with portraits and facsimiles • Sidney Lee
... PLEADING, or plea in abatement, was the defeating or quashing of a particular action by some matter of fact, such as a defect in form or the personal incompetency of the parties suing, pleaded by the defendant. It did not involve the merits of the cause, but left the right of action subsisting. In criminal proceedings a plea in abatement was at one time a common practice in answer to an indictment, and was set up for the purpose of defeating the indictment as framed, by alleging ...
— Project Gutenberg Encyclopedia
... 1854, the defendant, in pursuance of an agreement between counsel, and with the leave of the court, pleaded in bar of ...
— Cotton is King and The Pro-Slavery Arguments • Various
... failed to recognize in the railroad official a skilful pleader for the special interests—the interests of the few against those of the many. Hence he was preparing to go to the new field with a rather strong prepossession in favor of the defendant corporation. In their later conversation Gantry had intimated pretty broadly that there was room for an assistant corporation counsel for the railroad, with headquarters in the capital of the Sage-brush State. Blount assumed that the requirements, in the present crisis at least, would be ...
— The Honorable Senator Sage-Brush • Francis Lynde
... mislaid the judge's name, but his court room is in New Bedford, Mass. Before him appeared a defendant who, hoping for leniency, pleaded, "Judge, I'm ...
— Best Short Stories • Various
... 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 said ...
— Psychology and Social Sanity • Hugo Muensterberg
... November the rector, in consequence of squabbles, insults, and frauds, had brought actions against more than half his parishioners; by which the attornies, counsellors, and courts were in the end the only gainers, while plaintiff and defendant most ardently concurred and rejoiced in the ruin of each other. But so it is: anger, avarice, and law are terrible things; and malice and selfishness ...
— The Adventures of Hugh Trevor • Thomas Holcroft
... government officers, ranchmen, miners, Indians, Chinamen, negroes. Three fourths of them were called by the defendant Morgan, but no matter, their testimony invariably went in favor of the plaintiff Hyde. Each new witness only added new testimony to the absurdity of a man's claiming to own another man's property because his farm had slid down on top of it. Then the Morgan lawyers made ...
— Innocents abroad • Mark Twain
... examination before the magistrates of the police-office at Union Hall, could assign no motive for the deed; and after two more examinations he was discharged, the duke declining to prosecute. The next appearance of his grace of Normandy at a police-office was in character of defendant. It seems that he had turned his attention to the art of pyrotechnics, and his explosive experiments were so alarming to the quiet neighbourhood of Camberwell, that he was summoned to answer for his conduct; but on promising ...
— Tales for Young and Old • Various
... 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
... sold in Liverpool recently the public analyst found two grains of crystallized sulphate of copper, a quantity sufficient to injuriously affect human health. The defendant urged that the public insisted upon having green peas; and that artificial means had to be resorted to to secure the ...
— Scientific American Supplement, Vol. XIX, No. 470, Jan. 3, 1885 • Various
... having been made of the matter contained in the 17th article, that therefore, although it may all have been admitted by the answer to be true, yet in justice, if from that answer you ground the charge, it is necessary the defendant should be ...
— The Works of the Right Honourable Edmund Burke, Vol. XII. (of XII.) • Edmund Burke
... or 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 ...
— The History of "Punch" • M. H. Spielmann
... you have them. You have been strongly suspected of foul play—of giving them into the hands of the defendant." ...
— Secret Band of Brothers • Jonathan Harrington Green
... very much work; in most of the cases that came before them the plaintiff and defendant were both of the same race. One piece of recorded testimony is rather amusing, being to the effect that "Monsieur Smith est un grand vilain coquin." [Footnote: This and most of the other statements for which no authority is quoted, are based on ...
— The Winning of the West, Volume Two - From the Alleghanies to the Mississippi, 1777-1783 • Theodore Roosevelt
... 9th of Dec., Capt. Knowls produced the body of Sommersett in Court. Lord Mansfield, after a preliminary examination, referred the matter to the Court of King's Bench, and, therefore, took sureties, and bound Sommersett over 'till 'the 2nd day of the next Hillary term.' At the time appointed the defendant with counsel, the reputed master of the Negro man Sommersett, and Capt. John Knowls, appeared before the court. Capt. Knowls recited the reasons that led him to detain Sommersett: whereupon the counsel for the ...
— History of the Negro Race in America From 1619 to 1880. Vol 1 - Negroes as Slaves, as Soldiers, and as Citizens • George W. Williams
... ever went to sea that hadn't a mock trial on board. The purser was accused of stealing an overcoat from stateroom No. 10. A judge was appointed; also clerks, a crier of the court, constables, sheriffs; counsel for the State and for the defendant; witnesses were subpoenaed, and a jury empaneled after much challenging. The witnesses were stupid and unreliable and contradictory, as witnesses always are. The counsel were eloquent, argumentative, and vindictively abusive of each other, as was characteristic ...
— Innocents abroad • Mark Twain
... and Mrs. Hugh Fraser on one side and Sir Ernest Satow and Professor Chamberlain on the other, it is indeed discouraging to write anything Japanese in English. The only advantage I have over them is that I can assume the attitude of a personal defendant, while these distinguished writers are at best solicitors and attorneys. I have often thought,—"Had I their gift of language, I would present the cause of Japan in more eloquent terms!" But one who speaks in a borrowed ...
— Bushido, the Soul of Japan • Inazo Nitobe
... claim, until you are legitimately in court, and recognized by the judges.' I take it that plea would avail. And if the crier wanted to employ a person to sweep the court-room the next moment, he could employ that defendant to do it. There is not a man in the rebel States (whom we publicly know of) who has a standing under the Constitution regarding this slavery question. By his own argument he lives in a foreign country; by our own argument he is not rectus in curia. Were I an ...
— Continental Monthly - Volume 1 - Issue 3 • Various
... report of the case, will remember how I handled the matter in my speech. But the prejudice in favour of the prosecution—I will not say against the defence—was too much for me, and common sense, the defendant's declarations, and my eloquence all ...
— Dark Hollow • Anna Katharine Green
... offender, and obtained the 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
... crowded out of that thriving state by a yearning and determined milliner that had witnesses a-plenty and intended to do something about it. Defendant claimed he hadn't even meant anything of the sort and was just being a good pal; but it looked like the cruel teeth of the law was going to bite right into his savings if this breach-of-promise suit ever come to trial, the ...
— Ma Pettengill • Harry Leon Wilson
... the little book on page 9 the cryer calls out "Then Sylvester, Sands, Drayton, Beaumont, Fletcher, Massinger, Shakespeare (sic) and Heywood, Poets good and true." This statement seems to be contradicted so far as Shakespeare is concerned by the defendant who says on page 31 "Shakespear's (sic) a mimicke" (that is a mere ...
— Bacon is Shake-Speare • Sir Edwin Durning-Lawrence
... reading the articles of impeachment, and the defendant's answer, and in debate on the mode of ...
— The Works of the Right Honourable Edmund Burke, Vol. XI. (of 12) • Edmund Burke
... the fleur-de-lys on Mrs. Bardell's shoulder is a sheer interpolation and should be expunged, not only on grounds of morality, but because when you reach the actual trial, 'Bardell v. Pickwick,' you will find this discovery of the defendant's impossible either to ignore or to reconcile with the jury's verdict. Against the intervention of Richelieu (Mr. Nupkins) I have nothing to urge. M. D—' opines that I shall in the end deal out poetical justice ...
— From a Cornish Window - A New Edition • Arthur Thomas Quiller-Couch
... in the indictment in promotion of the several objects aforesaid, and done within the county of the city of Dublin, to sustain some of the overt acts charged in the indictment supposing them to be the acts of the defendant himself.' ...
— Speeches from the Dock, Part I • Various
... government officer, who briefly stated an outline of the facts, to wit: "That murder and robbery had been committed; that a young man was seen hastily leaving the spot upon which the crime was committed; that the appearance of the defendant was precisely that of the person thus seen; said he should not enter into an examination of the previous character of the prisoner, giving as a reason that a man may live long as a person of unquestionable character, and after all yield to some strong temptation and fall ...
— Town and Country, or, Life at Home and Abroad • John S. Adams
... against Mary Quickly, a free black woman of the 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
... powerful reasons to the contrary," resumed the defendant, unconsciously glancing his eyes at the females as he spoke. "I kept my faith at Newport; and, had my two followers then been released from your ship, foot of mine should never have ...
— The Red Rover • James Fenimore Cooper
... threat of the attorney, uttered before she had gone down into the street. This threat, with that power of reality which evil things seem always to possess, now materialized. After the court had opened, but before the trial could proceed, the attorney for the defendant rose and addressed ...
— The Sleuth of St. James's Square • Melville Davisson Post
... been excluded from the committee, and only one out of eighteen Catholic witnesses had been examined. Was this just, or fair dealing? It was as if a jury were desired to retire on the closing of the plaintiff's case. They find their verdict; judgment is given; and then the defendant was desired to proceed with her case. If the committee had confined themselves to the recommendation of assisting the clergy, the Irish members would not have complained; but while they came with a purse of gold for the church, ...
— The History of England in Three Volumes, Vol.III. - From George III. to Victoria • E. Farr and E. H. Nolan
... was 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 occasion of great interest; the halls of justice were ...
— The Woman's Bible. • Elizabeth Cady Stanton
... when it is more closely examined, is seen to assign the ground on which this work is held to lack the requisite scientific character. The indictment says: "While the defendant, Lassalle, has been at pains to give himself the appearance of scientific method in this address, still the address is after all of ...
— The German Classics of The Nineteenth and Twentieth Centuries, Vol. X. • Kuno Francke
... 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
... meager or conflicting, his counsel and the prosecuting officer must each make arguments before the jury on the real meaning of the evidence. In civil cases likewise, all disputed questions of fact go ordinarily to a jury, and are the subject of arguments by the opposing lawyers. Did the defendant guarantee the goods he sold the plaintiff? Was undue influence exerted on the testator? Did the accident happen through the negligence of the railroad officials? In such cases and the countless others ...
— The Making of Arguments • J. H. Gardiner
... stands in the market-place of Keswick was surrounded by a busy throng. The Civil Court of the County Assize was sitting in this little place for the nonce to try a curious case of local interest. It was an action for ejectment brought by Greta, Mrs. Paul Ritson, against a defendant whose name was entered on the sheet as Paul Drayton, alias Paul Ritson, now of the Ghyll, ...
— A Son of Hagar - A Romance of Our Time • Sir Hall Caine
... Conard, the latter marshal of the eastern district of Pennsylvania, praying for the interposition and aid of Congress in the discharge of a judgment recovered against him by the said Nicoll, alleging, as defendant in the suit, that he was the mere organ of the United States, and acted by and under the ...
— A Compilation of the Messages and Papers of the Presidents, - Vol. 2, Part 3, Andrew Jackson, 1st term • Edited by James D. Richardson
... there were loud exclamations of applause and dissent; some held that a trial of the case by the Senate was barred by law; others declared that the Senate was quite competent and entitled to deal with it, and argued that the law should punish the whole guilt of the defendant. At length Julius Ferox, the consul-designate, a man of honour and probity, gave it as his opinion that judges should be assigned for the time being, and that those who were said to have bribed Priscus to punish innocent persons should be summoned to Rome. ...
— The Letters of the Younger Pliny - Title: The Letters of Pliny the Younger - - Series 1, Volume 1 • Pliny the Younger
... 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 reeds, And measuring words to measuring ...
— The Poetical Works of Edward Young, Volume 2 • Edward Young
... emong them: it was the maner for the plaintife to putte into writyng the whole circumstance of his case, and the maner of the wrong doone vnto him, or how muche he estemed himself to be endamaged thereby. And a time was giuen to the defendant to write answere again to euery poinct, and either to deny that he did it, or elles to alledge that he rightfully did it, or elles to abate the estimate of the damage or wrong. Then had thei another daie appointed, to saie finally for them selues. At the whiche daie when the parties ...
— The Principal Navigations, Voyages, Traffiques, and Discoveries - Vol. II • Richard Hakluyt
... are characters, confronted wills, as in drama, and their speeches are like tirades from a tragedy of Racine. But here Dryden's rhetorical habit and his fondness for reasoning in rime run away with him, and make his art inferior to Boccaccio's. Sigismonda argues her case like counsel for the defendant. She even enjoys her own argument and carries it out ...
— A History of English Romanticism in the Nineteenth Century • Henry A. Beers
... and the defendant were each allowed to produce thirty witnesses. The defendant could either defend himself, or entrust his case to an advocate whom he brought with him. At first, any free judge being defendant in a suit, enjoyed the privilege of justifying himself on oath; ...
— Manners, Custom and Dress During the Middle Ages and During the Renaissance Period • Paul Lacroix
... 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
... application must be made. This gives the board a check on the dealer's operations the preceding year. The board requires him to cite all legal actions arising out of his real-estate business whether he was plaintiff or defendant. ...
— A Stake in the Land • Peter Alexander Speek
... '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 professors are paid to try ...
— Gilbert Keith Chesterton • Patrick Braybrooke
... discovery. In such suits the informer is not liable to those delays which the ordinary procedure of those courts throws into the way of the justest claimant; nor has the Papist the indulgence which he [it?] allows to the most fraudulent defendant, that of plea and demurrer; but the defendant is obliged to answer the whole directly upon oath. The rule of favores ampliandi, &c., is reversed by this act, lest any favor should be shown, or the force and ...
— The Works of the Right Honourable Edmund Burke, Vol. VI. (of 12) • Edmund Burke
... 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
... seized my 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 fashioned bricks ...
— Punch, or the London Charivari, Vol. 103, October 29, 1892 • Various
... the chief and the people usually assembled there. He stands a few seconds after he has done this, to recollect if he has forgotten any thing. The witnesses to whom he has referred then rise up and tell all they themselves have seen or heard, but not any thing that they have heard from others. The defendant, after allowing some minutes to elapse so that he may not interrupt any of the opposite party, slowly rises, folds his cloak around him, and, in the most quiet, deliberate way he can assume—yawning, blowing his nose, etc.—begins to explain the affair, denying the charge, ...
— Missionary Travels and Researches in South Africa - Journeys and Researches in South Africa • David Livingstone
... consented: the summons had to be taken out at—(that is where this aggravating man is living), and this entailed two journeys from Eastbourne—one to get the summons (my personal presence being necessary), and the other to attend in court with the solicitor on the day fixed for hearing the case. The defendant didn't appear; so the magistrate said he would take the case in his absence. Then I had the new and exciting experience of being put into the witness-box, and sworn, and cross-examined by a rather savage magistrate's clerk, who seemed to think that, if he only bullied me enough, he would soon catch ...
— The Life and Letters of Lewis Carroll • Stuart Dodgson Collingwood
... the commission of the crime, although the perpetrators were not known—and by the manipulations at other times of the private accuser to whose interest it was to harm the accused by delaying the sumario, this period was often made to extend over years and years. Meanwhile the defendant was confined in prison, as no bail was allowed in any case in which the penalty was that of presidio correccional (from six months and one day to six years' imprisonment) or greater. In addition to ...
— The Philippines: Past and Present (vol. 1 of 2) • Dean C. Worcester
... above, we have seen the following judicial decision, in the case of Jourdan, vs. Patton—5 Martin's Louisiana Reports, 615. A slave of the plaintiff had been deprived of his only eye, and thus rendered useless, on which account the court adjudged that the defendant should pay the plaintiff his full value. The case went up, by appeal, to the Supreme court. Judge Mathews, in his decision said, that 'when the defendant had paid the sum decreed, the slave ought ...
— The Anti-Slavery Examiner, Omnibus • American Anti-Slavery Society
... 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, ...
— Memoirs • Prince De Joinville
... had a visit from the defendant in above, we should be pleased to have an interview with you at 2 p.m. to-morrow. Your obedient servants, ...
— The Best American Humorous Short Stories • Various
... waited, 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 ...
— The Mayor of Casterbridge • Thomas Hardy
... 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, or party liable ...
— Hard Cash • Charles Reade
... 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 she could no ...
— The Rainbow Trail • Zane Grey
... 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 Library • Andrew Lang
... were accidentally going that way! Not long after he presided at a trial in which a charge was brought against a magistrate for false imprisonment and setting the plaintiff in the stocks. The counsel for the defendant made light of the charge and particularly of setting in the stocks, which, he said, everybody knew, was no punishment at all! The Lord Chief Justice rose, and, leaning over the Bench, said, in a half whisper—"Brother, were you ever ...
— Fragments of Two Centuries - Glimpses of Country Life when George III. was King • Alfred Kingston
... democratic tendencies made him an object of dislike, more especially to 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 ...
— London and the Kingdom - Volume I • Reginald R. Sharpe
... the names of plaintiff and defendant in the citation of legal cases; also the titles of proceedings containing such prefixes as in re, ex parte, ...
— The Uses of Italic - A Primer of Information Regarding the Origin and Uses of Italic Letters • Frederick W. Hamilton
... Baki, the plaintiff, did harbour a 'big man' stranger (to wit, a nomoli) in the chiefdom without intimating the Chief in order that his majesty might pay his homage etc., etc.," the aforesaid plaintiff, who in native law is entitled to receive the amount of defendant's fine as compensation, is not only mulcted in the same amount more or less, but his nomoli becomes forfeited to the crown in the bargain. Obviously, then, it does not pay to prosecute for nomoli stealing, and the robbed native would rather bear ...
— The Journal of Negro History, Volume 2, 1917 • Various
... took wonderingly 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
... against the alluring tavern. The "prohibition extremists" are like lawyers who can never make their case, yet are incessantly fuming against their own failure. These extremists forget that their shadowy moral client is plaintiff in a kind of curious divorce-suit, where the defendant is human nature and the co-respondent human will. It is most probable that men will continue to get drunk just so long as education remains for them an incident force of inferior potency. As to their liking and upholding certain milder games of chance (after the style ...
— The Arena - Volume 4, No. 24, November, 1891 • Various
... Holloway—so old Jack had cut another notch on his gun—Cold Creek Valley, Federation 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 ...
— Little Fuzzy • Henry Beam Piper
... it, and with a meaning much more extensive than that which belonged to the Roman "fictiones." Fictio, in old Roman law, is properly a term of pleading, and signifies a false averment on the part of the plaintiff which the defendant was not allowed to traverse; such, for example, as an averment that the plaintiff was a Roman citizen, when in truth he was a foreigner. The object of these "fictiones" was, of course, to give jurisdiction, and ...
— Ancient Law - Its Connection to the History of Early Society • Sir Henry James Sumner Maine
... poussive, cornarde, toujours prise d'asthme, de colique ou de consomption, ou de quelque chose d'approchant. On lui donnait 2 ou 300 'yards' au depart, puffs on la depassait sans peine; mais jamais a la fin elle ne manquait de s'echauffer, de s'exasperer et elle arrivait, s'ecartant, se defendant, ses jambes greles en l'ai devant les obstacles, quelquefois les evitant et faisant avec cela plus de poussiare qu'aucun cheval, plus de bruit surtout avec ses eternumens et reniflemens.—-crac! elle arrivaat donc toujour premiere d'une tete, aussi juste ...
— Innocents abroad • Mark Twain
... of R. B. Sheridan. Lord Melbourne was much in Mrs Norton's company, and Norton, for whom the Premier had found a legal appointment, sued him in the Court of Common Pleas for crim. con.; the jury found for the defendant.] ...
— The Letters of Queen Victoria, Volume 1 (of 3), 1837-1843) • Queen Victoria
... Chancery by Lord Verney against Burke fourteen years after the transaction to which it had reference, in a suit which was abandoned after answer put in. But, in justice to a deceased plaintiff, it should be remembered that in those days a defendant could not be cross-examined ...
— Obiter Dicta - Second Series • Augustine Birrell
... against Mr. Killpack, for selling spirituous liquor. Mr. James (the counsel for the defendant) stated that there was a club held there, of which Mr. Keeley, the actor, was treasurer, and many others of the theatrical profession were members, and that they had a store of brandy, whiskey, and other spirits. Fined L5 in ...
— Punch, or the London Charivari, Volume 1, Complete • Various
... {gas}sed. Disseminated by Geoff Goodfellow while at SRI; became particularly popular after the Moscone-Milk killings in San Francisco, when it was learned that the defendant Dan White (a politician who had supported Proposition 7) would get the gas chamber under Proposition 7 if convicted of first-degree murder (he was eventually ...
— The Jargon File, Version 4.0.0
... 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 ...
— The Last Twelve Verses of the Gospel According to S. Mark • John Burgon
... paper to 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
... a cause at Doctors' Commons, wherein the plaintiff brought his action against the defendant for pretending to be his wife. She in her justification pleaded a marriage at the Fleet the 6th of February, 1737, and produced a Fleet certificate, which was not allowed as evidence: she likewise offered to produce the minister she pretended married them, but he being excommunicate for clandestine ...
— Notes and Queries, Number 62, January 4, 1851 • Various
... Before Aldermen Gossage and Neil. Thomas Lynch, charged with being drunk and disorderly and with assaulting a constable. Defendant rescued a woman from custody, kicked the constable, and threw stones at him. Fined 3s. 6d. for the first offence, and 10s. and costs for ...
— The People of the Abyss • Jack London
... that the stroke of the pulse of light, after it has been once or twice refracted (through a Prisme, for example) must affect the eye with the same kind of stroke as if it had not been refracted at all. Nor will it be enough for a Defendant of that Hypothesis, to say, that perhaps it is because the refractions have made the Rays more weak, for if so, then two refractions in the two parallel sides of a Quadrangular Prisme would produce colours, but we have ...
— Micrographia • Robert Hooke
... 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, ...
— The Witchcraft Delusion In Colonial Connecticut (1647-1697) • John M. Taylor
... 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 ...
— The Anatomy of Melancholy • Democritus Junior
... "the defendant, Lucy A. Berry, was a mere infant when he came in possession of Mrs. Fannie Berry's estate, and that he often saw the child in the care of its reputed mother, Polly, and to his best knowledge and belief, he thought Lucy A. ...
— From the Darkness Cometh the Light, or Struggles for Freedom • Lucy A. Delaney
... ground of a 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 analogous to international, ...
— Rebuilding Britain - A Survey Of Problems Of Reconstruction After The World War • Alfred Hopkinson
... 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 could speak ...
— Gala-days • Gail Hamilton
... 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 this is a form of ...
— Where the Strange Trails Go Down • E. Alexander Powell
... 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 ...
— Fifty Years of Public Service • Shelby M. Cullom
... walked up to the Court-house with. Mr. Roche, in the hope of hearing a case set down for trial to-day, in which a publican named Harding, at Ennis—an Englishman, by the way—is prosecuted for boycotting. The parties were in Court; and the defendant's counsel, a keen-looking Irish lawyer, Mr. Leamy, once a Nationalist member, was ready for action; but for some technical reason the hearing was postponed. There were few people in Court, and little ...
— Ireland Under Coercion (2nd ed.) (1 of 2) (1888) • William Henry Hurlbert
... to gratify 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
... Court. Lord Mansfield, after a preliminary examination, referred the matter to the Court of King's Bench, and, therefore, took sureties, and bound Sommersett over 'till 'the 2nd day of the next Hillary term.' At the time appointed the defendant with counsel, the reputed master of the Negro man Sommersett, and Capt. John Knowls, appeared before the court. Capt. Knowls recited the reasons that led him to detain Sommersett: whereupon the counsel for the latter asked for time in which to prepare an argument against the return. Lord Mansfield ...
— History of the Negro Race in America From 1619 to 1880. Vol 1 - Negroes as Slaves, as Soldiers, and as Citizens • George W. Williams
... the extracts with a view to names, and found the only names mentioned were those of the counsel. The expert's name was not given in either. However, she knew that from Robert. She resolved to speak to Mr. Hennessy first, and try and get at the defendant's ...
— Foul Play • Charles Reade
... an action will not lie; and sometimes even where it does, it is wise to commit a defensible assault, and so to become the defendant. Jordas, you are big enough ...
— Mary Anerley • R. D. Blackmore
... toleration. [70] The children embraced the law of their parents, the wife that of her husband, the freedman that of his patron; and in all causes where the parties were of different nations, the plaintiff or accuser was obliged to follow the tribunal of the defendant, who may always plead a judicial presumption of right, or innocence. A more ample latitude was allowed, if every citizen, in the presence of the judge, might declare the law under which he desired to live, and the national society to which he chose to belong. ...
— The History of The Decline and Fall of the Roman Empire - Volume 3 • Edward Gibbon
... control at the adroit change of means and persistent gaining of end; barristers all round broke into ripples of laughter unrestrained; a broad smile pervaded the jury box; the only unmoved person was the defendant who proceeded in his grave statement as to what Norrish "might" have been asked. The nature of the defence was very clearly stated by Mr. Bradlaugh: "I shall ask you to find that this prosecution is one of the steps in a vindictive attempt to oppress and to crush a political opponent—that ...
— Annie Besant - An Autobiography • Annie Besant
... At this 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
... 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 ...
— Creatures That Once Were Men • Maxim Gorky
... "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." ...
— The Humbugs of the World • P. T. Barnum
... 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 nearest ...
— Grettir The Strong - Grettir's Saga • Unknown
... The defendant, a large, handsome girl of Lower Normandy, well educated for her station in life, wept continuously and would ...
— Maupassant Original Short Stories (180), Complete • Guy de Maupassant
... 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 ...
— History of the Reign of Ferdinand and Isabella V1 • William H. Prescott
... lacs, and then to the one lac and a half singly. This we shall put in writing, that you may not depend upon the fugitive memory of a thing not so well, perhaps, or powerfully expressed as it ought to be, and in order to give every advantage to the defendant, and to give every facility to your Lordships' judgment: and this will, I believe, be thought a clear and fair way of proceeding. Your Lordships will then judge whether Mr. Hastings's conduct at the time, his resisting ...
— The Works of the Right Honourable Edmund Burke, Vol. X. (of 12) • Edmund Burke
... 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 ...
— Southern Literature From 1579-1895 • Louise Manly
... November, 1841. Webb made a public retraction of the statements upon which the second indictment was found; and this was accepted on the part of the prosecution. On the trial for the first indictment the jury disagreed. The defendant objected to Cooper's summing up the case, and this objection the court sustained. It was a wise policy: for the trials in the civil suits showed that the novelist was full as effective in addressing a jury orally as he ever was ...
— James Fenimore Cooper - American Men of Letters • Thomas R. Lounsbury
... 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!" "This, my lords, is what the defendant WILL SAY. This is the line of ...
— The Paris Sketch Book Of Mr. M. A. Titmarsh • William Makepeace Thackeray
... of Angelo's trial came. Upon the bench the Honorable Mr. Justice Babson glowered down upon the cowering defendant flanked by his distinguished counsel, Tutt & Tutt, and upon the two hundred good and true talesmen who, "all other business laid aside," had been dragged from the comfort of their homes and the important affairs of their various livelihoods to pass upon the ...
— Tutt and Mr. Tutt • Arthur Train
... county. Practically the entire community divided, largely on the lines of pro-slavery and anti-slavery. Usher F. Linder, the most eloquent lawyer in this vicinity, appeared for Matson, and Orlando B. Ficklin, twice a member of Congress, appeared for the negroes. Under the practice the defendant obtained a hearing from three justices instead of one, and a trial ensued lasting several days, and attended by great excitement. Armed men made demonstrations and bloodshed was narrowly averted. Two of the justices were pro-slavery, and one anti-slavery. The trial was held in Charleston. ...
— Lincoln • Nathaniel Wright Stephenson
... jury found that Butler and his ancestors were seised of Crouch and his ancestors until the first year of the reign of Henry VII.; but, confessing themselves ignorant whether in point of law such seisin be an actual seisin of the defendant, prayed the opinion of the Court thereon. Dyer, C.J., and the other judges agreed upon this to a verdict for the defendant, for "the lord having let an hundred years pass without redeeming the villein or his issue, cannot, after that, claim ...
— Notes and Queries, Number 82, May 24, 1851 • 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 surprised booby; and knowing her cause to be the first which came on, I cried, like a captivated calf as I was, 'Make way for the defendant's witnesses.' This sudden partiality made all the county immediately see the sheriff was also become a slave to the fine widow. During the time her cause was upon trial, she behaved herself, I warrant you, with ...
— The De Coverley Papers - From 'The Spectator' • Joseph Addison and Others
... partisan, Blount had failed to recognize in the railroad official a skilful pleader for the special interests—the interests of the few against those of the many. Hence he was preparing to go to the new field with a rather strong prepossession in favor of the defendant corporation. In their later conversation Gantry had intimated pretty broadly that there was room for an assistant corporation counsel for the railroad, with headquarters in the capital of the Sage-brush State. Blount assumed that the requirements, in the present crisis at least, ...
— The Honorable Senator Sage-Brush • Francis Lynde
... following is a sketch of the proceedings in an ordinary civil suit in a justice's court: The justice, at the request of the plaintiff, issues a summons, which is a writ or precept addressed to a constable of the town, in some states to any constable of the county, commanding him to summon the defendant to appear before the justice on a day and at an hour specified, to answer the plaintiff (naming him) in a suit, the nature of which ...
— The Government Class Book • Andrew W. Young
... might pass. But how neglect To take her by the neck unto the pump And hold her till her wet and furious face Were once again worth kissing? Well—well—well! Neglect is proven. She shall have deserts: (To a Clerk) But—write, "Defendant keeps his ...
— The Vigil of Venus and Other Poems by "Q" • Q
... Supreme Court I had occasion to avail myself of Mr. Sidney's marvellous ability as an expert in handwriting. The case turned entirely upon his testimony, although some twenty witnesses testified on each side that they had seen the defendant write, and that, in their opinion, the signature was or was not genuine. Mr. Sidney did not arrive till the moment the case was about to be given to the jury, and I had no opportunity of conversing with him, except to ascertain that in his judgment the ...
— Stories by American Authors, Volume 2 • Various
... a criminal of a poor man; it urges the man of means to travel. Having seen his native land, it was only natural that my defendant should desire to see foreign countries. So, accompanied by his child, he went abroad, visited the famous capitals, and was the guest of honor at his country's embassies. It was a delightful period. Both were as happy as fate ever allows a human being to be. The father had received his honorable ...
— The Man on the Box • Harold MacGrath
... with quiet dignity voted to quash the indictment. Underwood with a vulgar stump speech to the crowd of negroes voted to hold the indictment good. The case was sent to the Supreme Court on this disagreement and the defendant admitted to bail. ...
— The Victim - A romance of the Real Jefferson Davis • Thomas Dixon
... 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 ...
— The Mysterious Murder of Pearl Bryan - or: the Headless Horror. • Unknown
... 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 ...
— The Intellectual Development of the Canadian People • John George Bourinot
... head five points occur for our consideration: (1) The injustice of a judge in judging; (2) The injustice of the prosecutor in accusing; (3) The injustice of the defendant in defending himself; (4) The injustice of the witnesses in giving evidence; (5) The injustice of the ...
— Summa Theologica, Part II-II (Secunda Secundae) • Thomas Aquinas
... messenger for informing you of 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 ...
— The Memoirs of Napoleon Bonaparte • Bourrienne, Constant, and Stewarton
... preconceptions, their selfishness, and their high-riding nature. The criminalist has to fight it in witnesses, in jurymen, and frequently in the obstinacy, dunder- headedness, and amusing self-conceit of his superiors. It hinders him in the heads of his colleagues and of the defendant, and it is his enemy not least frequently in his own head. The greatest foolishness is to believe that you are not yourself guilty of foolishness. The cleverest people do the most idiotic things. He makes the most progress who keeps in mind the great series of his own stupidities, ...
— Robin Hood • J. Walker McSpadden
... street. Upon any one who feels this nameless anarchism there rests for the time being the spirit of pantomime. Of the clown who cuts the policeman in two it may be said (with no darker meaning) that he realises one of our visions.—"The Defendant." ...
— The Bed-Book of Happiness • Harold Begbie
... instantly found the most glorious vents for action; 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 may be ...
— Athens: Its Rise and Fall, Complete • Edward Bulwer-Lytton
... 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 him, and ...
— Chapters in the History of the Insane in the British Isles • Daniel Hack Tuke
... government in front 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 ...
— Dio's Rome, Vol. 4 • Cassius Dio
... 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); ...
— Dio's Rome • Cassius Dio
... 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, ...
— Innocents abroad • Mark Twain
... such advantages that 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 ...
— The Public Orations of Demosthenes, volume 1 • Demosthenes
... an enemy of his father, who was dead. Cato took him by the hand and said, "Thus ought men to honour their parents when they die, not with the blood of lambs and kids, but with the tears and condemnation of their enemies." He himself is said to have been the defendant in nearly fifty actions, the last of which was tried when he was eighty-six years of age: on which occasion he uttered that well-known saying, that it was hard for a man who had lived in one generation to be obliged to defend himself before another. And this was not ...
— Plutarch's Lives, Volume II • Aubrey Stewart & George Long
... the site. In order to pay the purchase money Nebo-liu demanded back from "Bel-usatu, the son of Ipunu," the sum of 30 shekels which he claimed to have lent him. Bel-usatu at first denied the claim, and the matter was brought into court. There judgment was given in favor of the plaintiff, and the defendant was ordered to pay him 45 shekels, 15, or half the amount claimed, being for "costs." Thereupon ...
— Babylonians and Assyrians, Life and Customs • Rev. A. H. Sayce
... death of Sir John Smyth, in 1849, and at his decease the estates had passed to his sister Florence; and when she died, in 1852, had devolved upon her son, who was then a minor, and who was really the defendant in the cause. Mr. Justice Coleridge presided at the trial, Mr. (afterwards Lord-Justice) Bovill appeared for the claimant, and Sir Frederick ...
— Celebrated Claimants from Perkin Warbeck to Arthur Orton • Anonymous
... interest 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. Having no near relatives in America, the lawyers advertised for any heirs that he might ...
— The Secret Memoirs of the Courts of Europe: William II, Germany; Francis Joseph, Austria-Hungary, Volume I. (of 2) • Mme. La Marquise de Fontenoy
... to know of my secret. Allah Almighty is my sole testimony. This merchant was my friend and I recked not that he would prove dishonest and unfaithful." Quoth the Judge, "Then must I needs send for the merchant and hear what he saith on oath;" and when the defendant came they made him swear by all he deemed holy, facing Ka'abah-wards with hands uplifted, and he cried, "I swear that I know naught of any Ashrafis belonging to Ali Khwajah."[FN311] Hereat the Kazi pronounced him innocent and dismissed him from court; and Ali Khwajah went home sad ...
— Supplemental Nights, Volume 3 • Richard F. Burton
... be in 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 granted before ...
— The New York Times Current History of the European War, Vol. 1, January 9, 1915 - What Americans Say to Europe • Various
... 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
... which flowed from 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 Phillimore, ...
— The Life of the Rt. Hon. Sir Charles W. Dilke, Vol. 2 • Stephen Gwynn
... the trial, the Judge before whom the case had been tried, sought to reconcile Mr. Paine to the verdict by some explanatory remarks. "Oh, I'm quite satisfied, your Honor," said Mr. Paine, "with the defendant's acquittal. He has been tried by a jury of his peers"—On another occasion, Mr. Paine was making a legal argument before an eminent judge, when he was interrupted by the latter, who said: "Mr. Paine, you know that that is not law." "I know it, your Honor," replied the advocate, with a ...
— The Bay State Monthly, Volume 3, No. 6 • Various
... 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 ...
— But, I Don't Think • Gordon Randall Garrett
... the admission of the whole of that party; they put it right; they put it upon the meaning of the innuendos; upon that the jury acquitted the defendant; and they never put up a pretence of any other power, except when talking to the ...
— Notes & Queries, No. 40, Saturday, August 3, 1850 - A Medium Of Inter-Communication For Literary Men, Artists, Antiquaries, • Various
... looking after thy health are well conversant with the eight kinds of treatment and are all attached and devoted to thee. Happeneth it ever, O monarch, that from covetousness or folly or pride thou failest to decide between the plaintiff and the defendant who have come to thee? Deprivest thou, through covetousness or folly, of their pensions the proteges who have sought thy shelter from trustfulness or love? Do the people that inhabit thy realm, bought by thy foes, ever seek to raise ...
— The Mahabharata of Krishna-Dwaipayana Vyasa, Part 2 • Krishna-Dwaipayana Vyasa
... about this law? as if the object aimed at were to enable any one to appeal? The object is, the inevitable consequence must be, that no one can ever be prosecuted under those laws. For what prosecutor will be found insane enough to be willing, after the defendant has been condemned, to expose himself to the fury of a hired mob? or what judge will be bold enough to venture to condemn a criminal, knowing that he will immediately be dragged before a gang of hireling operatives? It is not, therefore, a right of appeal that is given by that law, but ...
— The Orations of Marcus Tullius Cicero, Volume 4 • Cicero
... Donnegan, he was thinking hard and fast. If there were a shooting affair and he won, he would nevertheless run a close chance of being hung by a mob. He must dispose that mob to look upon him as the defendant and Landis as the aggressor. He had not foreseen the crisis until it was fairly upon him. He had thought of Nelly playing Landis along more gradually and carefully, so that, while he was slowly learning that she was growing cold to him, he would have a chance to grow fond of Lou Macon once more. ...
— Gunman's Reckoning • Max Brand
... went to law 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 (afterwards Lord Lyndhurst), who was retained for the defence in the interest of Mr. Heathcoat, ...
— Self Help • Samuel Smiles
... Latimer saw that he was now facing a judge and not a plaintiff who had been robbed, and that he was in turn the defendant. And still he was in no ...
— Gallegher and Other Stories • Richard Harding Davis
... 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 ...
— History Of Ancient Civilization • Charles Seignobos
... rarely find the 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 a pity they ...
— Guy Livingstone; - or, 'Thorough' • George A. Lawrence
... When I say enemy, I include bailiff in the term. One was shot not long ago. There was a trial; the jury gave two dollars damages; the judge said they must find guilty or not guilty, but the counsel for the defendant (they would not call him prisoner) offered to fight the judge upon the point; and as this was said literally, not metaphorically, and the counsel was a stout fellow, the judge gave in. The two dollars damages were not paid after all; for ...
— The Mirror of Literature, Amusement, and Instruction - Vol. 17, No. 483., Saturday, April 2, 1831 • Various
... processes, of which it was declared that the plaintiff was the first and only inventor. The answer to the complaint alleged the disappearance and death of Benedict, and declared the plaintiff to be an impostor, averred the assignment of all the patents in question to the defendant, and denied ...
— Sevenoaks • J. G. Holland
... his mind's eye the "High Court" that would try the alleged slayer of John Turk; a court dominated by the dead man's friends; a court where witnesses and jurors would be terror-blinded against the defendant and where a farce would be staged: ...
— The Roof Tree • Charles Neville Buck
... shoulder is a sheer interpolation and should be expunged, not only on grounds of morality, but because when you reach the actual trial, 'Bardell v. Pickwick,' you will find this discovery of the defendant's impossible either to ignore or to reconcile with the jury's verdict. Against the intervention of Richelieu (Mr. Nupkins) I have nothing to urge. M. D—' opines that I shall in the end deal out poetical justice ...
— From a Cornish Window - A New Edition • Arthur Thomas Quiller-Couch
... 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 ...
— 'Jena' or 'Sedan'? • Franz Beyerlein
... avoid all manner of hard-voiced enthusiasm. Paradoxically, however, Collins searched with a zealot's avidity for any controversy which would either assert his faith or test his disbelief. When once he found his engagement, he revelled in it, whether as the aggressor or the harassed defendant. For example, in the "Preface" to the Scheme of Literal Prophecy Considered he boastfully enumerated all the works—some twenty-nine—which had repudiated his earlier Discourse on the Grounds and Reasons of the Christian Religion. And in malicious fact he ...
— A Discourse Concerning Ridicule and Irony in Writing (1729) • Anthony Collins
... 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 and Blackstone in our favor, and a long list of authorities and decisions: II. Revised ...
— Around The Tea-Table • T. De Witt Talmage
... mind, when Dr. Williams's first testimony was concluded, that the case 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 ...
— Lippincott's Magazine of Popular Literature and Science - April, 1873, Vol. XI, No. 25. • Various
... appear. Clerk 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. While ...
— The Influence of Sea Power Upon History, 1660-1783 • A. T. Mahan
... 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 authority, and were burnt ...
— England Under the Tudors • Arthur D. Innes
... judge but that it was done for the screening of his own guilt: for a man 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
... 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 ...
— The Posthumous Works of Thomas De Quincey, Vol. 1 (2 vols) • Thomas De Quincey
... Carolinian arose the Phoenix and Simms was 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 of a South Carolina gentleman he would not again enter into a tilt with one. ...
— Literary Hearthstones of Dixie • La Salle Corbell Pickett
... Erelong the enjoyment of a superior good would have changed his disgust into regret. We can never have much sympathy with the complainer; for after searching nature through, we conclude that he must be both plaintiff and defendant too, and so had best come to a settlement without a hearing. He who receives an injury is to some extent an ...
— A Week on the Concord and Merrimack Rivers • Henry David Thoreau
... statements regarding the important 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 legal marriage consists ...
— Travels in West Africa • Mary H. Kingsley
... 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
... receiver had orders from them to sue every man that should refuse to pay as that law directed. Chief Justice Trott told them, if any action or suit should be brought into his courts on that law, he would give judgment for the defendant. In short, the contest between the two houses at this meeting became warm, insomuch that the conference broke up before any thing was concluded with regard to the public safety. The assembly were obstinate, and seemed determined to hazard the lots of the province to the Spaniards, rather than yield ...
— An Historical Account Of The Rise And Progress Of The Colonies Of South Carolina And Georgia, Volume 1 • Alexander Hewatt
... little louder than the regulations would permit. That suited me, because it proved the style would melt if addressed to her; taken second-hand and cold that way, she was bound to laugh at them. Letters in divorce cases referring to the defendant woman as "a dream in curves" were no joke to the fair one who had sighed over them. Buckwheat cakes and love-letters must be done to order and served hot, or the steam dews on them and soggy fermentation ensues, ...
— Cupid's Middleman • Edward B. Lent
... attitude, the defending state must hold ready a concentrated force, of such size that the enemy cannot safely divide his own—a force, for instance, such as that estimated by Gouverneur Morris, twenty years before 1812.[399] The defendant fleet, further, must be able to put to sea at a moment inconvenient to the enemy; must have the bridge or ford Napoleon required for his army. Such the United States had in her seaports, which with moderate protection could keep an enemy at a distance, and from which escape was possible under ...
— Sea Power in its Relations to the War of 1812 - Volume 1 • Alfred Thayer Mahan
... at the Tothill between two thefes, a pelour and a defendant; the pelour hadde the field, and victory of the defendour withinne ...
— Westminster - The Fascination of London • Sir Walter Besant
... 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 ...
— A Compilation of the Messages and Papers of the Presidents - Section 2 (of 2) of Volume 8: Chester A. Arthur • James D. Richardson
... 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
... Evening Post, in reporting the case of a motor-cyclist charged with travelling at excessive speed on the highway at Selby, represents a police-sergeant as stating that "he timed defendant over a distance of 633 years, which was covered in 64 secs." The contention of the defendant that he had been "very imperfectly timed" has ...
— Mr. Punch Awheel - The Humours of Motoring and Cycling • J. A. Hammerton
... "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 ...
— The Man in Court • Frederic DeWitt Wells
... 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, ...
— Verses • Susan Coolidge
... accusation of the "petit homme" attempting to pummel the lady with four stomachs, and capacity for oyster-eating that must have thrown the late Mr Dando into despair, is nothing more than an attempt to make the whole affair ridiculous, and allow the conduct of the defendant to escape the obloquy it deserved, under cover of the laughter excited by so ludicrous an image. If there were any "coups meurtriers" in the case, we will venture the long odds that the mark of them was left in the ogles, or other undefended portions of the countenance of ...
— Blackwood's Edinburgh Magazine, Volume 57, No. 356, June, 1845 • Various
... counsel. The facts are briefly these: One, Nicholson, a white man, accompanied by his little son seven years old, was driving an ox team along a public road; he had occasion to stop and the oxen were driven by his son; defendant, a negro, also in an ox wagon, was going along the road in an opposite direction, and met Nicholson's wagon in charge of the little boy. It was after dark, and when the wagons met, according to the testimony of Nicholson, the defendant insultingly ...
— The Negro Problem • Booker T. Washington, et al.
... entire Dukala province. I like to watch him as he sits 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 ...
— Morocco • S.L. Bensusan
... guaranteed to the people by the constitution may be gradually 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 substantial purpose. It may be that it is the obnoxious ...
— Concerning Justice • Lucilius A. Emery
... him to prove an alibi on a charge of attempted theft, and the glibness of their answers convinced the lieutenant they were lying. In the absence of all evidence for the prosecution except the unsupported word of a police askari who admitted a personal grudge against the defendant, the lieutenant resorted to the whip to change the witnesses' ...
— The Ivory Trail • Talbot Mundy
... the trial of the ejectment suit was rapidly approaching, and it was difficult to say whether plaintiff or defendant showed the more signs of anxiety. Mr. Hardwick's life seemed to be bound up in his shop; it was dear to him in the memory of long years of cheerful labor; it was his pride as well as his dependence; he had ...
— Atlantic Monthly, Volume 2, Issue 11, September, 1858 • Various
... or insult, for instance, to call a man arga, i.e. a lazy loon, is a serious offence. If the defendant will confess that he said it in a passion, and will take oath that he never knew the plaintiff to be arga, he must still pay 12s.; but if he will stand to his word, then he must fight it out by duel, sub ...
— The Roman and the Teuton - A Series of Lectures delivered before the University of Cambridge • Charles Kingsley
... this 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
... 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 to the ...
— Fantastic Fables • Ambrose Bierce
... 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 ...
— Memoirs of Napoleon Bonaparte, Complete • Louis Antoine Fauvelet de Bourrienne
... 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 failed to protect ...
— Great Men and Famous Women. Vol. 4 of 8 • 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 possession—or words ...
— From Place to Place • Irvin S. Cobb
... Conn," the Judge greeted him. Now that the defendant had arrived, the trial could begin. "I wish your father could have gotten here. I asked him to come, but he had a prior engagement. A meeting with some of the financial people here, about some ...
— The Cosmic Computer • Henry Beam Piper
... good for one year, and thereupon a new application must be made. This gives the board a check on the dealer's operations the preceding year. The board requires him to cite all legal actions arising out of his real-estate business whether he was plaintiff or defendant. ...
— A Stake in the Land • Peter Alexander Speek
... case in principle precisely like this, 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. ...
— Indian Nullification of the Unconstitutional Laws of Massachusetts - Relative to the Marshpee Tribe: or, The Pretended Riot Explained • William Apes
... defense: "Did you ever write a letter to the defendant, Mrs. Sloane, threatening him if ...
— The After House • Mary Roberts Rinehart
... prosecuting officer must each make arguments before the jury on the real meaning of the evidence. In civil cases likewise, all disputed questions of fact go ordinarily to a jury, and are the subject of arguments by the opposing lawyers. Did the defendant guarantee the goods he sold the plaintiff? Was undue influence exerted on the testator? Did the accident happen through the negligence of the railroad officials? In such cases and the countless others that congest the lists of the lower ...
— The Making of Arguments • J. H. Gardiner
... 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 granted ...
— The New York Times Current History of the European War, Vol. 1, January 9, 1915 - What Americans Say to Europe • Various
... further enacted, That all penalties which shall 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 be ...
— Impressions of America - During The Years 1833, 1834, and 1835. In Two Volumes, Volume II. • Tyrone Power
... 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 ...
— On the Study of Words • Richard C Trench
... costly golden reed-case, the 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, of the stored-up wisdom of twenty generations of men; a judgment ...
— Theodoric the Goth - Barbarian Champion of Civilisation • Thomas Hodgkin
... specified in the indictment, was so widely gossiped about as being connected with the case that he asked to be heard and swore positively that there had been no improper relations between himself and the defendant. Two of the Judges on Appeal—Lord Penzance and Mr. Justice Keating—agreed with the jury's verdict that Lady Mordaunt was insane, while Chief Baron Kelly differed. The woman in the case was for years afterwards confined in a lunatic asylum, and it has ...
— The Life of King Edward VII - with a sketch of the career of King George V • J. Castell Hopkins
... up first 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 ...
— The Boy Ranchers at Spur Creek - or Fighting the Sheep Herders • Willard F. Baker
... constitutional question, 'Are these half-reclaimed savages my peers?' And if he did, Justice would sternly reply, 'Yes.' The witnesses will forswear themselves, not, like our 'posters,' for half a crown, but gratis, because the plaintiff or defendant is a fellow-tribesman. The judge may be 'touched with a tar-brush;' but, be he white as milk, he must pass judgment according to verdict. This state of things recalls to mind the Ireland of the early nineteenth century, when the judges ...
— To The Gold Coast for Gold, Vol. II - A Personal Narrative • Richard Francis Burton and Verney Lovett Cameron
... 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 within the respective times ...
— The History of "Punch" • M. H. Spielmann
... 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 woman, with part of ...
— Lord Jim • Joseph Conrad
... advantage of the circumstance to make a most eloquent speech, enlarging upon the singularity of no appeal having been previously made by the plaintiff—of the extraordinary disappearance of the witnesses—of the straight-forward, simple, and beautiful truthfulness of the defendant; in short, he moved the court to tears, and laid the foundation of his future fortune. But after that day, Sarah Bond and her niece, Mabel, were homeless and houseless. Yet I should not say that; for the gates of a jail gaped widely for the "miser's daughter," ...
— Turns of Fortune - And Other Tales • Mrs. S. C. Hall
... though he was in reality of the same opinion as 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 to ...
— The Academic Questions • M. T. Cicero
... people use it rightly enough, but when they begin to talk of God's judgments, they speak as if it merely meant punishments. Now judgment and punishment are two things. When a judge gives judgment, he either acquits or condemns the accused person; he gives the case for the plaintiff, or for the defendant: the punishment of the guilty person, if he be guilty, is a separate thing, pronounced and inflicted afterwards. His judgment, I say, is his OPINION about the person's guilt, and even so God's judgments are the expression of His opinion about our guilt. But there is ...
— Sermons on National Subjects • Charles Kingsley
... you, madam," he said, "that I am about to hold jousts in the castle on the first of May, at which your good brother and mine, the Lord Rochford, will be the challenger, while I myself shall be the defendant. ...
— Windsor Castle • William Harrison Ainsworth
... Fulton to one John R. Livingston, and from him to the complainant, Ogden, of the right to navigate the waters between Elizabethtown, and other places in New Jersey, and the city of New York; and that Gibbons, the defendant below, was in possession of two steamboats, called the Stoudinger and the Bellona, which were actually employed in running between New York and Elizabethtown, in violation of the exclusive privilege conferred on the complainant, and praying ...
— The Great Speeches and Orations of Daniel Webster • Daniel Webster
... be, 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.
... been too 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 ...
— A Voyage Round the World, Vol. I (of ?) • James Holman
... 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 wall, his point flashing here and there with swift irregularity to daunt their ...
— A Daughter of Raasay - A Tale of the '45 • William MacLeod Raine
... 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 ...
— Bay State Monthly, Volume II. No. 4, January, 1885 - A Massachusetts Magazine • Various
... Celebrated Juvenile hit the Fresh Air the second Defendant came into The Dock, taking long sneaky Strides and undulating like a Roller Coaster. She was a tall Gal and very Pale, with Belladonna Optics and her Hair shook out and a fine rhythmical Bellows Movement above ...
— Knocking the Neighbors • George Ade
... Why am I then denied that privilege, That right which e'en the murderer enjoys? I know from Talbot's mouth, my former keeper, That in this reign a statute has been passed Which orders that the plaintiff be confronted With the defendant; is it so, good Paulet? I e'er have known you as an honest man; Now prove it to me; tell me, on your conscience, If such a law ...
— The Works of Frederich Schiller in English • Frederich Schiller
... maintenance. Since writing the above, we have seen the following judicial decision, in the case of Jourdan, vs. Patton—5 Martin's Louisiana Reports, 615. A slave of the plaintiff had been deprived of his only eye, and thus rendered useless, on which account the court adjudged that the defendant should pay the plaintiff his full value. The case went up, by appeal, to the Supreme court. Judge Mathews, in his decision said, that 'when the defendant had paid the sum decreed, the slave ought to be placed in his possession,'—adding, that 'the judgment ...
— The Anti-Slavery Examiner, Omnibus • American Anti-Slavery Society
... for silence, and for information, if any person could give any, concerning the misdemeanour and offence whereof the defendant stood impeached; and the defendant was bid to look to his challenges, and the Jury, being gentlemen of the county of Bucks, were called, ...
— London Pride - Or When the World Was Younger • M. E. Braddon
... as we 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, and let the court frown, and ponder and consider; for that is what courts ...
— A Certain Rich Man • William Allen White
... Corinne," 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
... two 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 ...
— Slave Narratives Vol. XIV. South Carolina, Part 1 • Various
... 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, ...
— Hebraic Literature; Translations from the Talmud, Midrashim and - Kabbala • Various
... 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 ...
— Njal's Saga • Unknown Icelanders
... 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 ...
— Graham's Magazine Vol XXXII No. 1 January 1848 • Various
... it was optional with the defendant's counsel to beat the Government on the indictment before the Court; or on the merits of the case before the Jury. The latter would furnish the most piquant events, for some curious scenes were likely to take place in the examination of witnesses, as well as instruction to be offered ...
— The Trial of Theodore Parker • Theodore Parker
... consomption, ou de quelque chose d'approchant. On lui donnait 2 ou 300 'yards' au depart, puffs on la depassait sans peine; mais jamais a la fin elle ne manquait de s'echauffer, de s'exasperer et elle arrivait, s'ecartant, se defendant, ses jambes greles en l'ai devant les obstacles, quelquefois les evitant et faisant avec cela plus de poussiare qu'aucun cheval, plus de bruit surtout avec ses eternumens et reniflemens.—-crac! elle arrivaat donc toujour premiere d'une tete, aussi juste qu'on peut le mesurer. Et il avait un petit ...
— Innocents abroad • Mark Twain
... which instantly found the most glorious vents for action; 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 may ...
— Athens: Its Rise and Fall, Complete • Edward Bulwer-Lytton
... who can never make their case, yet are incessantly fuming against their own failure. These extremists forget that their shadowy moral client is plaintiff in a kind of curious divorce-suit, where the defendant is human nature and the co-respondent human will. It is most probable that men will continue to get drunk just so long as education remains for them an incident force of inferior potency. As to their liking and upholding certain milder ...
— The Arena - Volume 4, No. 24, November, 1891 • Various
... J. 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 been unable ...
— The Mysterious Murder of Pearl Bryan - or: the Headless Horror. • Unknown
... glad you have them. You have been strongly suspected of foul play—of giving them into the hands of the defendant." ...
— Secret Band of Brothers • Jonathan Harrington Green
... into 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. ...
— Stories of Comedy • Various
... 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
... 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 ...
— 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.
... court, first pronounced in February, 1836, and given in her favor by default, no opposition having been raised to her claims to the proposed partition of property by the defendant, placed her in legal possession of her house and her children. Appeal was made, however, prolonging and complicating the case, but without affecting its termination. In the war of mutual accusations thus stirred up, M. Dudevant's role as accuser, yet objecting in the same breath to the separation, ...
— Famous Women: George Sand • Bertha Thomas
... uncompromisingly partisan, Blount had failed to recognize in the railroad official a skilful pleader for the special interests—the interests of the few against those of the many. Hence he was preparing to go to the new field with a rather strong prepossession in favor of the defendant corporation. In their later conversation Gantry had intimated pretty broadly that there was room for an assistant corporation counsel for the railroad, with headquarters in the capital of the Sage-brush State. Blount assumed that the requirements, in the present ...
— The Honorable Senator Sage-Brush • Francis Lynde
... 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 ...
— James Fenimore Cooper • Mary E. Phillips
... kondahm'noh costs | proceskosto | prohtsehs-kost'oh court of justice | tribunalo | 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 | administranto ...
— Esperanto Self-Taught with Phonetic Pronunciation • William W. Mann
... decision first 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 ...
— King Coal - A Novel • Upton Sinclair
... 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 Jones for the ...
— The Pioneers • James Fenimore Cooper
... 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 he ...
— Fifty Years of Public Service • Shelby M. Cullom
... London 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
... 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 our favor, and a long list of authorities and decisions: II. Revised Statutes, ...
— Around The Tea-Table • T. De Witt Talmage
... were, and is 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 footing. There is no sham sentiment about it. Give me another refresher, says ...
— Pebbles on the Shore • Alpha of the Plough (Alfred George Gardiner)
... 'sooing folks' (as the old fellow pronounces it). You may imagine me seated on the extreme top of a high stool, forging like a young Cyclops with malignant pleasure, the writs and summonses which are presently to be flourished by the Sheriff in the face of the astonished Defendant." ...
— The Story of a Summer - Or, Journal Leaves from Chappaqua • Cecilia Cleveland
... parts; inside was the usual apparatus of justice, a green-covered table with writing materials and a black crucifix, between two candlesticks, placed on a platform for the court-room; at the right, also on the platform, a small table for the prosecuting attorney; below, a wooden bench for the defendant, two police officers, and a little table for the lawyer for the defence. Outside the railing stood a few wooden benches, which afforded ...
— How Women Love - (Soul Analysis) • Max Simon Nordau
... make the same discrimination in the psychotechnical field. The psychologist may point out the methods by which an involuntary confession can be secured from a defendant, but whether it is justifiable to extort involuntary confessions is a problem which does not concern the psychologist. The lawyers or the legislators must decide as to the right or wrong, the legality or illegality, of forcing a man to show his bidden ideas. ...
— Psychology and Industrial Efficiency • Hugo Muensterberg
... reasons, did not come off until November, 1841. Webb made a public retraction of the statements upon which the second indictment was found; and this was accepted on the part of the prosecution. On the trial for the first indictment the jury disagreed. The defendant objected to Cooper's summing up the case, and this objection the court sustained. It was a wise policy: for the trials in the civil suits showed that the novelist was full as effective in addressing a jury orally as he ever was in addressing the public ...
— James Fenimore Cooper - American Men of Letters • Thomas R. Lounsbury
... 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 a prey ...
— Annette, The Metis Spy • Joseph Edmund Collins
... counsel and attorney there at Guildford does appear, Asking damage of the villain who seduced his lady dear: But I can't help asking, though the lady's guilt was all too clear, And though guilty the defendant, ...
— Ballads • William Makepeace Thackeray
... the educated man a lawyer. There was always a good deal of litigation going on in Connecticut, but the legal profession scarcely existed as a distinct body until Webster himself came upon the stage. Plaintiff and defendant addressed the court if they desired, and in the loose practice of the day there were no intricate and technical processes which debarred any intelligent man from taking part in a cause. Substantial justice was done, and every citizen took part in legal affairs with confidence ...
— Noah Webster - American Men of Letters • Horace E. Scudder
... day of Angelo's trial came. Upon the bench the Honorable Mr. Justice Babson glowered down upon the cowering defendant flanked by his distinguished counsel, Tutt & Tutt, and upon the two hundred good and true talesmen who, "all other business laid aside," had been dragged from the comfort of their homes and the important affairs of their ...
— Tutt and Mr. Tutt • Arthur Train
... 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 ...
— London and the Kingdom - Volume I • Reginald R. Sharpe
... Hearn and Mrs. Hugh Fraser on one side and Sir Ernest Satow and Professor Chamberlain on the other, it is indeed discouraging to write anything Japanese in English. The only advantage I have over them is that I can assume the attitude of a personal defendant, while these distinguished writers are at best solicitors and attorneys. I have often thought,—"Had I their gift of language, I would present the cause of Japan in more eloquent terms!" But one who speaks in a borrowed tongue ...
— Bushido, the Soul of Japan • Inazo Nitobe
... and anxious, stood up. The clerk read the indictment, in which it was charged that the defendant by force and arms had entered the barn of one G.W. Thornton, and feloniously taken therefrom one whip, of the value of ...
— The Wife of his Youth and Other Stories of the Color Line, and - Selected Essays • Charles Waddell Chesnutt
... him. "Please confine yourself to statements which you consider disloyal, made in your presence by the defendant." While the witness proceeded, the judge took off his glasses and laid them on the desk and began to polish the lenses with a silk handkerchief, trying them, and rubbing them again, as if he desired ...
— One of Ours • Willa Cather
... 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 bring himself to convict on such ...
— The Gaming Table: Its Votaries and Victims - Volume I (of II) • Andrew Steinmetz
... who 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 ...
— David Dunne - A Romance of the Middle West • Belle Kanaris Maniates
... summer assizes of 1843, the landlord proceeded in the courts for a warrant of ejectment against Ring nine times. On the first eight cases he was defeated; but he succeeded on the ninth. He had thirteen other lawsuits of various kinds with the same defendant, during which he sold his furniture five times and his horse twice. In all, he had twenty auctions of sale previous to midsummer of this year. Part of the furniture was in several of these instances only bought back by the agent, Mr James Coyne, handing money privately ...
— Blackwood's Edinburgh Magazine - Volume 55, No. 343, May 1844 • Various
... him some evidence 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, and my ...
— Amelia (Complete) • Henry Fielding
... statements made in a Bill of Complaint filed in Chancery by Lord Verney against Burke fourteen years after the transaction to which it had reference, in a suit which was abandoned after answer put in. But, in justice to a deceased plaintiff, it should be remembered that in those days a defendant could not be cross-examined upon ...
— Obiter Dicta - Second Series • Augustine Birrell
... him by the hand and said, "Thus ought men to honour their parents when they die, not with the blood of lambs and kids, but with the tears and condemnation of their enemies." He himself is said to have been the defendant in nearly fifty actions, the last of which was tried when he was eighty-six years of age: on which occasion he uttered that well-known saying, that it was hard for a man who had lived in one generation to be obliged to defend himself before another. And this was not the end of his ...
— Plutarch's Lives, Volume II • Aubrey Stewart & George Long
... indeed his talents were being decidedly wasted. Thumb-nail artists and expert kodak manipulators were retained at extravagant salaries, and special dress reporters were in high demand. An enterprising Paris firm of costume builders presented the defendant Duchess with three special creations, to be worn, marked, learned, and extensively reported at various critical stages of the trial; and as for the cinematograph agents, their industry and persistence was untiring. ...
— Beasts and Super-Beasts • Saki
... 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
... 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 ...
— The Positive School of Criminology - Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901 • Enrico Ferri
... 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, ...
— Sketches and Studies • Nathaniel Hawthorne
... Five petty disputes had been entered for hearing. Sixteen men were engaged in them as principals or witnesses. When the day came eleven of the sixteen were dead. On the 22nd of May again there was a court, and again three suits for debt were set down. The defendant in one case, the plaintiff in a second, both plaintiff and defendant in the third, died before the court day arrived. In June no court was held—was there a panic? Except in this month and in September the meetings were carried on as regularly as if it had all been done by machinery. ...
— The Coming of the Friars • Augustus Jessopp
... 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
... 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 Intellectual Development of the Canadian People • John George Bourinot
... the discharge of the defendant, on the ground of failure of proof, to raise the question of the construction of the statute, and asked the commissioner if he adhered to his ruling in Mr. ...
— Report of the Proceedings at the Examination of Charles G. Davis, Esq., on the Charge of Aiding and Abetting in the Rescue of a Fugitive Slave • Various
... for the setting apart of suitable concessions in each of them for residence and trade. They provided that all cases of litigation in which foreigners were defendants should be tried in the consular court of the nation to which the defendant belonged, and all cases in which Japanese citizens were defendants should be tried in Japanese courts. They fixed the limits within which foreigners at any of the treaty ports could travel, but permitted the diplomatic agent of any nation to travel without limitation. ...
— Japan • David Murray
... stand up," said Cornelius, "and receive the just and merciful sentence of the Court for licentious and disgraceful conduct unbecomin' a supercargo. The defendant says he has no money. Very well. The Court regrets it has no calaboose. In lieu thereof, and in view of the impoverished condition of the defendant, the Court fines said defendant one white silk shirt of the same kind, make and quality at ...
— A Son Of The Sun • Jack London
... neither upon the probate of wills nor 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, ...
— Punch, or the London Charivari, Volume 98, March 1, 1890 • Various
... watching the sweet blue eyes and the tear-stained face that resembled a drenched pink bud after a storm, loved Hazel Radcliffe. Come weal, come woe, Amelia Ellen was from henceforth her staunch admirer and defendant. ...
— The Man of the Desert • Grace Livingston Hill
... replied, laughing. 'The chief witness, I take it, will be your henchman, the redoubtable "Geordie," aunt being prosecutor, the wraith the defendant, and you, ...
— Border Ghost Stories • Howard Pease
... the town's great ones, printing their opinions of the heinousness of the crime and the character of the defendant's lawyer.... "The Hon. P. J. Parrott, who so ably represented this county in the Legislature some fourteen years ago, could scarcely restrain himself when approached by a reporter as to his sentiments anent ...
— The Conquest of Canaan • Booth Tarkington
... telling what the defendant's attorney told me. He has taken up the case with zeal and interest. Aside from some ambiguous lines which this young man wrote to a young woman before departing for Europe, they have found no proof to sustain the accusation. In these few lines, the ...
— Friars and Filipinos - An Abridged Translation of Dr. Jose Rizal's Tagalog Novel, - 'Noli Me Tangere.' • Jose Rizal
... in this difficulty, thought themselves obliged to decline any verbal explanation from the person who is defendant in the suit, relative to matters which on the part of the complainant appear upon record, and to leave the whole matter, as it is charged, to the judgment of the House to determine how far it may be worthy of a further inquiry, or how far they may admit ...
— The Works of the Right Honourable Edmund Burke, Vol. VIII. (of 12) • Edmund Burke
... occasion he 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 standing two and two ...
— Chess History and Reminiscences • H. E. Bird
... defense. She is questioned, but informs the court she has nothing to say. At this 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 ...
— The Trials of the Soldier's Wife - A Tale of the Second American Revolution • Alex St. Clair Abrams
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