"Defendant" Quotes from Famous Books
 ... legal; and on the establishment of peace, Hook, under the advice of Mr. Cowan, a gentleman of some distinction in the law, thought proper to bring an action of trespass against Mr. Venable, in the district court of New London. Mr. Henry appeared for the defendant, and is said to have disported himself in this cause to the infinite enjoyment of his hearers, the unfortunate Hook always excepted. After Mr. Henry became animated in the cause, says a correspondent [Judge Stuart], he appeared to have complete control over the passions of his audience: at one ...
— Southern Literature From 1579-1895 • Louise Manly
... in New York City signed the decree divorcing Mrs. Joseph Hooper from her husband, and four minutes later the lady walked out of the building with her son and two daughters, all of them having deliberately turned their backs upon the miserable defendant in the case. As all of the children were of an age to legally choose the parent with whom they preferred to live, and as they elected to cast off the paternal for the maternal, it readily may be seen that Mr. Hooper was not entirely without proof that this is a cruel, heartless, ungrateful world ...
— Mr. Bingle • George Barr McCutcheon
... about the matter, and they quickly settled the part each one was to play. The Cadi took his seat gravely, and an officer introduced first Ali Cogia, the plaintiff, and then the merchant who was the defendant. ...
— The Arabian Nights Entertainments • Andrew Lang.
... Company against Mr. Giles, the engineer. They had paid him 4,000 pounds for the preparation of the plans, etc., but when the time arrived for depositing them with the Board of Trade they were not completely ready. The scheme had consequently failed. This conduct of the defendant it was estimated had injured the company to the extent of 40,000 pounds. The counsel for the plaintiff did not claim damages to this amount, but would be content with such a sum as the jury should, under the circumstances, think the defendant ought ...
— Railway Adventures and Anecdotes - extending over more than fifty years • Various
... are usually brought to punishment. An ex officio information is an information at the suit of the sovereign, filed by the Attorney-General, as by virtue of his office, without applying to the court where filed for leave, and without giving the defendant any opportunity of showing cause why it should not be filed. The principal difference between this form of procedure and that by indictment, consists in the manner in which the proceedings are commenced; in the latter case, the law requires that the accusation should be warranted ...
— Blackwood's Edinburgh Magazine, No. CCCXXXIX. January, 1844. Vol. LV. • Various
... of an offender can never be taken against the oath of his accuser, yet the magistrate might have employed some labour in cross-examining the watchman, or at least have given the defendant time to send for the other persons who were present at the affray; ...
— The World's Greatest Books, Vol IV. • Editors: Arthur Mee and J.A. Hammerton
... wasn't what you'd call a very popular character," replied Mr. Melton, "and nobody felt very much cut up over his sudden exit from this vale of tears. They got up an impromptu jury, but the twelve 'good men and true' failed to find the defendant guilty." ...
— Bert Wilson on the Gridiron • J. W. Duffield
... than satisfied," said Judge Wood, "that the defendant now at the bar of this court awaiting final sentence has not only acted in good faith in making the disclosures that he did, but that he also testified fully and fairly to the whole truth, withholding nothing that was material and declaring nothing that ...
— McClure's Magazine, Vol 31, No 2, June 1908 • Various
... The judge can apply the law so soon as the facts are settled: the physical philosopher has to deduce the law from the facts. Wait, says the judge, until the facts are determined: did the prisoner take the goods with felonious intent? did the defendant give what amounts to a warranty? or the like. Wait, says Bacon, until all the facts, or all the obtainable facts, are brought in: apply my rules of separation to the facts, and the result shall come out as easily as by ruler and compasses. We think ...
— A Budget of Paradoxes, Volume I (of II) • Augustus De Morgan
... summons both parties and their witnesses. The complainant is then allowed to nominate two men, to act as assessors or jurymen on his behalf, his nominations being liable to challenge by the opposite party. The defendant next names two to act on his behalf, and if these are agreed to by both parties, these four, with the head man, form what is called a punchayiet, or council of five, in fact, a jury. They examine the witnesses, and each party to the suit conducts ...
— Sport and Work on the Nepaul Frontier - Twelve Years Sporting Reminiscences of an Indigo Planter • James Inglis
... I. 10. [7] Themis.—The goddess of Justice. [8] So Philip of Macedon is said to have decided a suit by condemning the defendant to banishment and the plaintiff to follow him. The wisdom of each decision lies in taking advantage of a doubtful case to convict two well-known rogues of—previous ...
— The Fables of La Fontaine - A New Edition, With Notes • Jean de La Fontaine
... on the trial. "The sentence," says Pennant, "was conciliating; that both parties should bear the same arms; but the Grosvenours avec une bordure d'argent. Sir Robert resents it, and appeals to the king. The judgment is confirmed; but the choice is left to the defendant, either to use the bordure, or bear the arms of their relations, the ancient Earls of Chester, azure, a gerb d'or. He rejected the mortifying distinction, and chose a gerb: which is the family coat to ...
— The Mirror, 1828.07.05, Issue No. 321 - The Mirror of Literature, Amusement, and Instruction • Various
... laying down the paper, "there was no eyewitness to the actual assault; and only three people have any personal knowledge of the event—Mr. Edwards, the defendant's father, the accused himself, and the complainant. Mr. Lamoury, his counsel tells me, is in no condition to appear. But I have here," lifting a paper, "his affidavit, properly executed, giving his version of the matter. The boy's father, however, is at hand. Probably the jury would like ...
— The Calico Cat • Charles Miner Thompson
... 'The Defendant' is, as the title suggests, a defence of all kinds of things that are usually attacked by ...
— Gilbert Keith Chesterton • Patrick Braybrooke
... the defendant guilty—he who is to be tried to-night?" Charm asked of a silent man, with sweet serious eyes and a rough gray beard, seated next her. Of all the beards at the table, this one alone had ...
— In and Out of Three Normady Inns • Anna Bowman Dodd
... by the United States and France in 1844. Now eighteen powers, including Japan, have consular courts for the trial of their own subjects according to the laws of their native lands. Mixed courts have also been established, that is, a defendant is tried in the court of his own nationality, the court giving its decision under the supervision of a representative of the plaintiff's nationality. In practice the Chinese have seldom sent representatives to sit on the bench of consular courts, but, as the Europeans lack ...
— Encyclopaedia Britannica, 11th Edition, Volume 6, Slice 2 - "Chicago, University of" to "Chiton" • Various
... supplieth the place, both of a Iudge for Law, and of a Chancellour for conscience, and 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 common ...
— The Survey of Cornwall • Richard Carew
... ships. Yet her dislike of one husband who happened for a time to be her own has not in the least impaired her affections for the husbands, actual or to be, of others. No lady can be considered truly Corinthian unless she has figured as the defendant in an action for goods supplied by a milliner. It is thus that the Public learns the Corinthian value of silks, and satins, and laces, ...
— Punch, or the London Charivari, Volume 98, March 1, 1890 • Various
... given in judicial courts in every European capital in cases where the party, either plaintiff or defendant, is well possessed of this world's goods, is usually tainted. In no place on earth can money work more marvels than in a court of law. Witnesses who make testimony a profession for big fees appear in every Assize court in the world. And some of them are, alas! experts. True it is that every man ...
— The Stretton Street Affair • William Le Queux
... road:—A bill in the Exchequer was brought by Everett against a certain Williams, setting forth that the complainant was skilled in dealing in certain commodities, "such as plate, rings, watches, &c.," and that the defendant desired to enter into partnership with him. They entered into partnership accordingly, and it was agreed that they should provide the necessary plant for the business of the firm—such as horses, saddles, bridles, &c. (pistols not mentioned)—and should participate ...
— The Book-Hunter - A New Edition, with a Memoir of the Author • John Hill Burton
... 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 ...
— Around The Tea-Table • T. De Witt Talmage
... especial trial, now remain just? If not, is it just under other and related possible circumstances? Am I in possession of these circumstances? If now the degree of apparent truth is so far tested that these variations may enter and the accusation still remain just, the defendant is convicted: ...
— Robin Hood • J. Walker McSpadden
... stories told of expedients by which smart counsel have gained verdicts, this one respecting a case in which Mr. Justice Gould was the judge and Erskine counsel for the defendant is least likely of credit. The judge entertained a most unfavourable opinion of the defendant's case, but being very old was scarcely audible, and certainly unintelligible, to the jury. While he was summing up the case, ...
— Law and Laughter • George Alexander Morton
... the last whisky at night which always overcomes me," said a defendant at the Guildhall. "A good plan," says a correspondent, "is to finish with the ...
— Punch, or the London Charivari, Vol. 158, April 14, 1920 • Various
... crawling along beside the wall. I keeps my eye on them, and observe them going in the direction of Deadman's Lane. I follows unobserved, and observes them crawl behind a hedge. I waits to observe what follows, and presently I observe a young gentleman walking down the lane. As I expects, the male defendant comes out and offers to tell him his fortune, and I observes the young gentleman give the parties money. I waits till he leaves, and then with my brother officer we arrest the parties. That's all, your worship. Stand still, you ...
— Parkhurst Boys - And Other Stories of School Life • Talbot Baines Reed
... them from his friend Hadrian Beoerland, who got them from Isaac Vossius, by whom they were copied from certain MSS. in the possession of Petavius. Among other things contained in this second set, we find noted certain trials, with the number of the votes for and against the defendant, a bargain for the repairs of a certain temple, an announcement by one of the praetors that he shall intermit his sittings for five days, in consequence of the marriage of his daughter, and an account of the pleading of Cicero in favor of Cornelius ...
— The Continental Monthly, Volume V. Issue I • Various
... all his life, now. It ain't right. You know, Carton, as well as I do that if they charged him with just plain fighting and got him before a jury, all you would have to say would be, 'Gentlemen, the defendant at the bar is the notorious gangster, Dopey Jack.' And the jurors wouldn't wait to hear any more, but'd say, 'Guilty!' just like that. And he'd go up the river for the top term. That's what a boy like that gets once the papers give him such ...
— The Ear in the Wall • Arthur B. Reeve
... Was gazed upon by every nation, And, master of the situation, Vow'd Britons ne'er would yield. For I am here, you may depend on't, This Eastern brawl to make an end on't, To show both plaintiff and defendant ...
— Revised Edition of Poems • William Wright
... Judge Hathorne's court-room have never been equalled since in American jurisprudence. Powerful forces came into play there, and the reports that have been preserved read like scenes from Shakespeare. In the case of Rebecca Nurse, the Judge said to the defendant: ...
— The Life and Genius of Nathaniel Hawthorne • Frank Preston Stearns
... are—Crene's dark eyes seen it tilting up into a baggage-crate and trundling off towards the Green Mountains, but too late. Of course there was a formidable hitch in the programme. A court of justice was improvised on the car-steps. I was the plaintiff, Crene chief evidence, baggage-master both defendant and examining-counsel. The case did not admit of a doubt. There was the little insurmountable check whose brazen lips could ...
— Atlantic Monthly, Volume 11, Issue 67, May, 1863 • Various
... causes, it had, until latterly, been the custom of the court to insert in writing only the amount of the debt sought to be recovered, the damages which have been awarded, the names of the plaintiff and defendant, and the adjudication of the court; but in the opinion of many persons of consequence and respectability in the colony, it is absolutely requisite to cause all the viva voce evidence which is given in all civil cases to be taken down in writing. The following reasons ...
— The Present Picture of New South Wales (1811) • David Dickinson Mann
... 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 that congest the ...
— The Making of Arguments • J. H. Gardiner
... of view in which this case seems to merit your most serious attention. The real prosecutor is the master of the greatest empire the world ever saw; the defendant is a defenseless, proscribed exile. I consider this case, therefore, as the first of a long series of conflicts between the greatest power in the world and the only Free Press remaining in Europe. Gentlemen, this distinction of the English ...
— The American Union Speaker • John D. Philbrick
... to be made for this great fight, and each was happy who found himself admitted for a defendant, much more an assailant. "At last to encounter his highness, six assailants, and fifty-eight defendants, consisting of earles, barons, knights, and esquires, were appointed and chosen; eight defendants to one assailant, every assailant being to fight by turnes eight several times fighting, ...
— Christmas: Its Origin and Associations - Together with Its Historical Events and Festive Celebrations During Nineteen Centuries • William Francis Dawson
... not an appeal from the State judicature to a federal court, in all cases where the act of Confederation controlled the question, be as effectual a remedy, and exactly commensurate to the defect. A British creditor, for example, sues for his debt in Virginia; the defendant pleads an act of the State, excluding him from their courts; the plaintiff urges the confederation, and the treaty made under that, as controlling the State law; the judges are weak enough to decide according to the views of their legislature. An ...
— Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson - Volume I • Thomas Jefferson
... 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 not to repeat it, the complaint was dismissed. It would appear that ...
— Tales for Young and Old • Various
... license is 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
... common sense I know. You remember,— pardon me,—I mean that any one who read a 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 went ...
— Dark Hollow • Anna Katharine Green
... not, in the progress of science, what physicians may be to posterity, but in my time they are false witnesses subpoenaed against death, whose testimony always tells less in favour of the plaintiff than the defendant. ...
— Devereux, Complete • Edward Bulwer-Lytton
... face; Grave as the Emperor of Pegu 155 Or Spanish potentate Don Diego. This leader was of knowledge great, Either for charge or for retreat. He knew when to fall on pell-mell; To fall back and retreat as well. 160 So lawyers, lest the bear defendant, And plaintiff dog, should make an end on't, Do stave and tail with writs of error, Reverse of judgment, and demurrer, To let them breathe a while, and then 165 Cry whoop, and set them on agen. As ROMULUS a wolf did rear, So he was dry-nurs'd by a bear, That fed him with the purchas'd prey ...
— Hudibras • Samuel Butler
... between Lord Busqueue and Lord Suckfist, who pleaded their own cases. The writs, etc., were as much as four asses could carry. After the plaintiff had stated his case, and the defendant had made his reply, Pantagruel gave judgment, and the two suitors were both satisfied, for no one understood a word of the pleadings, or the tenor of the verdict.—Rabelais, ...
— Character Sketches of Romance, Fiction and the Drama - A Revised American Edition of the Reader's Handbook, Vol. 3 • E. Cobham Brewer
... laid upon it in the preface; and the poems are connected with this general statement of his case, by particular dates, substantiating the age at which each was written. Now, the law upon the point of minority we hold to be perfectly clear. It is a plea available only to the defendant; no plaintiff can offer it as a supplementary ground of action. Thus, if any suit could be brought against Lord Byron, for the purpose of compelling him to put into court a certain quantity of poetry, and if judgment were given against him, it is highly probable ...
— The Works Of Lord Byron, Letters and Journals, Vol. 1 • Lord Byron, Edited by Rowland E. Prothero
... snacks in gaming with both parties; also a lawyer that takes fees of a plaintiff and defendant at once. ...
— The Surprising Adventures of Bampfylde Moore Carew • Unknown
... conducted the examination of the case and the trial of it, and in a magnificent burst of eloquence the case went to the jury. And after the jury retired, he sat, while they deliberated, by his client. And finally the jury came in. The foreman rose and said that "The jury find the defendant not guilty." The distinguished lawyer, in the presence of the crowd and jury, and justice of the peace, straightened back in his chair. "My dear Miss Smith, you are again a free woman. No longer the imputation of this heinous crime rests upon ...
— Modern Eloquence: Vol III, After-Dinner Speeches P-Z • Various
... For the challenge was one which Harold could not but refuse. William looked on himself as one who claimed his own from one who wrongfully kept him out of it. He was plaintiff in a suit in which Harold was defendant; that plaintiff and defendant were both accompanied by armies was an accident for which the defendant, who had refused all peaceful means of settlement, was to blame. But Harold and his people could not look on the matter as a mere question between two men. The crown was ...
— William the Conqueror • E. A. Freeman
... 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 and paid the ...
— Grain and Chaff from an English Manor • Arthur H. Savory
... that the charge against him was burglary. There had been a fire in a dry goods store, where some of the merchandise had not been entirely consumed. The place had been boarded up to protect, for the time being, the damaged articles. Several boys, among them this defendant, had pulled off a board or two, and were helping themselves to the contents of the place, when the police arrived. The others got away, and this was the only one caught. The attorney asked the boy if he wanted a jury trial. He said "No;" ...
— How to Get on in the World - A Ladder to Practical Success • Major A.R. Calhoon
... 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 | ahdministrahn'to ...
— Esperanto Self-Taught with Phonetic Pronunciation • William W. Mann
... only his heightened imagination, or did the silence and the suspense grow more intense when a deputy led that dark-hooded, white-clad, slender woman to the defendant's chair? She did not walk with the poise that had been manifest in the other women, and she sank into the chair as if she could ...
— The Rainbow Trail • Zane Grey
... kick of a cow. In that case, also, the insurance companies had successfully denied their liability on the ground that the cow, manifestly incited by some supernatural power, had unlawfully influenced the result of a wager to which she was not a party. The companies defendant had contended that the recourse of the property-owners was against, not them, but the owner of the cow. In his decision sustaining that view and dismissing the case, a learned judge (afterward president of one of the defendant companies) had in the legal phraseology of the period ...
— The Collected Works of Ambrose Bierce • Ambrose Bierce
... time ago which illustrates the difficulties in the way of poor people, so far as the attendance of witnesses is concerned. In this case the witness appeared five successive days in court waiting for the trial to come on. Not being paid by the defendant, this witness was unable to appear the sixth day. On that day the case was at last called, the prisoner had now no witness and was, ...
— Crime and Its Causes • William Douglas Morrison
... was 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 ...
— Notes & Queries, No. 40, Saturday, August 3, 1850 - A Medium Of Inter-Communication For Literary Men, Artists, Antiquaries, • Various
... 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 is a respectable and an honest man, by trade a carpenter. I see, gentlemen, ...
— A Voyage Round the World, Vol. I (of ?) • James Holman
... undervalued. As might have been expected, it allowed great weight to the distinction taken by the brigadier. The decision was in the following words, viz.: "Rex et Regina versus No. 1, sea-water-color: ordered, that the officers of justice shall proceed forthwith to decaudizate the defendant before they decapitate him; provided he has not been forthwith decapitated before he ...
— The Monikins • J. Fenimore Cooper
... a seemingly compromising nature, such as the effects attributed to the eating or even the handling of celery; but such accounts, harrowing as they may appear, are insufficient to warrant a bar sinister. Indeed, not only is the mass of evidence in favor of the defendant, but it casts a reflection upon the credibility of the plaintiff, who may usually be shown to have indulged immoderately, to have been frightened by hallucinations or even to have arraigned the innocent for his own guilt. Certain it is that there is not one of the sweet herbs mentioned ...
— Culinary Herbs: Their Cultivation Harvesting Curing and Uses • M. G. Kains
... 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
... testified that they had known him as the slave of Anslong. It was finally referred to the Supreme Court, and Etienne was detained in prison several months to await his trial. Eminent counsel were employed on both sides; Jared Ingersoll for the claimant, and Joseph Hopkinson for the defendant. A certificate was produced from the municipality of Guadaloupe, showing that Etienne had been an officer in the French army for several years, and had filled the station in a manner to command respect. The National Decree abolishing slavery in ...
— Isaac T. Hopper • L. Maria Child
... from rebellion against our common king to victory against our common foe. That duty done, I come unscathed from the sword of the Christian to bare my neck to the bowstring of my friend. Alone, untracked, unsuspected, I have entered thy palace to prove to the sovereign of Granada, that the defendant of his throne is not a rebel to his will. Now summon the ...
— Leila or, The Siege of Granada, Book II. • Edward Bulwer Lytton
... sheriff. The criminal was generally put on his trial by accusation of an injured neighbour, who, accompanied by his friends, swore that he did not bring his charge for hatred, or for envy, or for unlawful lust of gain. The defendant claimed the testimony of his lord, and further proved his innocence by a simple or threefold compurgation—that is, by the oath of a certain number of freemen among his neighbours, whose property gave them the required value in the eye ...
— Henry the Second • Mrs. J. R. Green
... was for false imprisonment, and it was contended by the plaintiffs,—1st, That Mrs. Foster was travelling from necessity and charity, and so within the exception of the statute. 2d, That the defendant could not justify himself as Constable unless he carried the person apprehended under the Sabbath law before a Justice. 3d, That as Constable he had no power to detain, and that he did not disclose his authority as Constable ...
— The Olden Time Series, Vol. 5: Some Strange and Curious Punishments • Henry M. Brooks
... 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 ...
— All About Coffee • William H. Ukers
... 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 ...
— Gunman's Reckoning • Max Brand
... acrimony quite inconsistent with the modesty and suavity of her ordinary deportment. She shudders when Burke enters the Hall at the head of the Commons. She pronounces him the cruel oppressor of an innocent man. She is at a loss to conceive how the managers can look at the defendant and not blush. Windham comes to her from the managers' box, to offer her refreshment. "But," says she, "I could not break bread with him." Then again, she exclaims, "Ah, Mr. Windham, how come you ever engaged ...
— The Diary and Letters of Madame D'Arblay Volume 1 • Madame D'Arblay
... 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 ...
— James Fenimore Cooper - American Men of Letters • Thomas R. Lounsbury
... threatened him with "murder and sudden death." Several times they got out an injunction upon him, and several times sued him for slander. One of their complaints charged, with ludicrous hypocrisy, that the defendant, "with malicious intent, stood round the door uttering slanderous charges against the good name, fame, and credit of the defendant," just as foolish old lawyers used to argue that "the greater the truth the greater the libel." Sometimes ...
— The Humbugs of the World • P. T. Barnum
... defendant had no right to vote—that good faith constituted no defence—that there was nothing in the case for the jury to decide, and directed them to find a verdict of guilty; refusing to submit, at the request of the defendant's counsel, ...
— An Account of the Proceedings on the Trial of Susan B. Anthony • Anonymous
... Lord Treasurer Godolphin without the slightest effect. Things naturally grew worse when both the Duke and Duchess were dismissed from all their posts, in 1711; and at last, in 1721, the disputes culminated in a lawsuit successfully brought against the Duke by the workmen for arrears of pay, the defendant's contention being that the Treasury was liable for the whole expense. The Duchess vented her displeasure on the unfortunate architect, whom she never credited with doing anything right. She carefully kept his letters, and made spiteful endorsements on them for the ...
— Seeing Europe with Famous Authors, Volume I. - Great Britain and Ireland • Various
... 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 ...
— The Library • Andrew Lang
... States within the States themselves. But unable to claim that case, he could not let it go entirely, but went on gratuitously to prove, that notwithstanding the eleventh amendment of the constitution, a State could be brought, as a defendant, to the bar of his court; and again, that Congress might authorize a corporation of its territory to exercise legislation within a State, and paramount to the laws of that State. I cite the sum and result ...
— Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson - Volume I • Thomas Jefferson
... had to be made, and he limited the number of advocates on each side, in order that the jurymen might not be confused and disturbed by the numbers of them. He ordered that the time allotted to the plaintiff be two hours, and to the defendant three. And what grieved many most of all, he revised the custom of eulogizers being presented by those on trial (for great numbers kept escaping the clutches of the law because commended by persons worthy of confidence); and he had a measure passed that such prisoners ...
— Dio's Rome • Cassius Dio
... 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 of ...
— Port O' Gold • Louis John Stellman
... of the case, these varying with each individual. This palaver was made by a son claiming to inherit part of his father's property; at last, to the astonishment, and, of course, the horror, of the learned judge, the defendant, the wicked uncle, pleaded through the interpreter, "This man cannot inherit his father's property, because his parents married for love." There is no encouragement to foolishness of this kind in Cameroon, where ...
— Travels in West Africa • Mary H. Kingsley
... forfeited its charter and its business, and possibly put an end to British dominion in the East. Its charter dated from the early years of Charles II and the 43d Elizabeth. It brought suit against the defendant, who freighted a vessel to East Indian ports. Mention in it is made of a charter to the Muscovy Company as early as Philip and Mary, a much earlier date than is elsewhere assigned to trading corporations. Hundreds of cases of unlawful monopolies are cited, among them the case of ...
— Popular Law-making • Frederic Jesup Stimson
... 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 ...
— The Orations of Marcus Tullius Cicero, Volume 4 • Cicero
... of procedure is betrayed into the expression of threats or the commitment of some other offense which conveys him summarily from the civil to the criminal courts, and the unrepentant pursuer becomes the defendant, unless, indeed, the insane asylum has become ...
— Studies in Forensic Psychiatry • Bernard Glueck
... 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 the riffraff ...
— David Dunne - A Romance of the Middle West • Belle Kanaris Maniates
... sat down amid a thunder of applause, and the jury, after a brief charge from the bench made ready to retire, a slender, black-gowned figure pushed her way impetuously through the crowd. She circled the rear seats and rushed headlong to where the defendant sat. ...
— A Romance of Billy-Goat Hill • Alice Hegan Rice
... Attorneys and Marshals.—A district attorney and marshal are appointed by the President for each district court. The United States district attorney is required to prosecute all persons accused of the violation of Federal law and to appear as defendant in cases brought against the government of the United States in his district. The United States marshal executes the warrants or other orders of the United States district court, and, in general, performs duties connected with the enforcement ...
— Our Government: Local, State, and National: Idaho Edition • J.A. James
... cases. How is it that when a jury is sworn to try a case, hearing all the evidence—hearing both sides, hearing the charge of the judge, hearing the law, and upon their oaths, are equally divided, six for the plaintiff and six for the defendant? It is because evidence does not have the same effect upon all people. Why? Our brains are not alike—not the same shape; we have not the same intelligence or the same experience, the same sense. And yet I am held accountable ...
— Lectures of Col. R. G. Ingersoll - Latest • Robert Green Ingersoll
... 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
... 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 ...
— The Gaming Table: Its Votaries and Victims - Volume I (of II) • Andrew Steinmetz
... causes are determined on the spot; no writings are produced. The judge sits down on the ground in the midst of the high road, where all that please may be present: the two persons concerned stand before him, with their friends about them, who serve as their attorneys. The plaintiff speaks first, the defendant answers him; each is permitted to rejoin three or four times, then silence is commanded, and the judge takes the opinions of those that are about him. If the evidence be deemed sufficient, he pronounces sentence, which in some cases is ...
— A Voyage to Abyssinia • Jerome Lobo
... danger of his life and that he was compelled to defend himself," Judge Witberg's verdict began. "Mr. Watson has testified to the same thing. Each has sworn that the other struck the first blow; each has sworn that the other made an unprovoked assault on him. It is an axiom of the law that the defendant should be given the benefit of the doubt. A very reasonable doubt exists. Therefore, in the case of the People Versus Carter Watson the benefit of the doubt is given to said Carter Watson and he is herewith ordered discharged ...
— The Night-Born • Jack London
... raised to the Bench, they might receive the salary of one Judge, but act as two, thereby saving the nation some money in these hard times of cash payments, and please all parties, one summing up for plaintiff and the other for defendant. ...
— The Mirror of Literature, Amusement, and Instruction - Volume 14, No. 406, Saturday, December 26, 1829. • Various
... But a dispute arose between two wealthy families concerning the ownership of some land near Bodmin. It appeared that Tregeagle, as steward to one of the claimants, had destroyed ancient deeds, forged others, and made it appear that the property was his own. The defendant in the trial by some means or other succeeded in breaking the bonds of death, and the spirit of Tregeagle was summoned to attend ...
— From John O'Groats to Land's End • Robert Naylor and John Naylor
... 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 Paris Sketch Book Of Mr. M. A. Titmarsh • William Makepeace Thackeray
... us stood the defendant, Sweeny, a tall elderly man, with a long, composed, shaven face, and an all-observant grey eye: Irish in type, Irish in expression, intensely Irish in the self-possession in which he stood, playing to perfection the part of calm rectitude ...
— All on the Irish Shore - Irish Sketches • E. Somerville and Martin Ross
... ladies found legal proceedings so interesting that bringing suit became a passion with them as strong as it had once been among the Athenians. Thus Juvenal[143]: "There is almost no case in which a woman wouldn't bring suit. Manilia prosecutes, when she isn't a defendant. They draw up briefs quite by themselves, and are ready to cite principles and authorities to Celsus [a celebrated lawyer of that time]." Of pleading in public one of the celebrated instances was that of Hortensia, daughter of the great orator Quintus ...
— A Short History of Women's Rights • Eugene A. Hecker
... proprietor of this singular estate to surrender his 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 to the Abbey—has ...
— The Causes of the Corruption of the Traditional Text of the Holy Gospels • John Burgon
... anecdote was circulated of Mr. Justice Lawrence. A cause had been tried before him at York, in which he had summed up to the jury to find a verdict for the defendant, which they accordingly did. On further consideration, it appeared to him that he had mistaken the law. A verdict having been recorded against the plaintiff, he had no redress; but it was said, that Mr. Justice Lawrence left him by his will ...
— The Mirror of Literature, Amusement, and Instruction, Vol. 20, - Issue 573, October 27, 1832 • Various
... to testify. As she told her simple story, a hushed silence fell over the room, every spectator, from the judge on the bench to the sheriff, being eager to catch every syllable of the recital. But as in duty bound to a client, the attorney for the defendant, a young man who had come from San Antonio to conduct the case, opened a sharp cross-questioning. As the examination proceeded, an altercation between the attorneys was prevented only by the presence of the sheriff and deputies. ...
— A Texas Matchmaker • Andy Adams
... propose a wish that these execrable denominations were a little better suited to an English mouth, if it were only for the sake of the English lawyers; who, in trials upon appeals to the House of Lords, find so much difficulty in repeating the names, that, if the plaintiff or defendant were by, they would never be able to discover which were their own lands. But, besides this, I would desire, not only that the appellations of what they call town-lands were changed, but likewise of larger districts, and several towns, and some counties; ...
— The Prose Works of Jonathan Swift, D.D., Vol. VII - Historical and Political Tracts—Irish • Jonathan Swift
... 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 he might be in trouble. Kellogg was a Company executive. He ...
— Little Fuzzy • Henry Beam Piper
... grounds!" shouted Ames. Then, in a voice trembling with anger: "Have you read the last week's issues? Then find your grounds in them! Make that girl a defendant too!" ...
— Carmen Ariza • Charles Francis Stocking
... them the rights of citizens, and passed a law, declaring 'that no Indian, or descendant of an Indian, residing within the Creek or Cherokee nations of Indians, shall be deemed a competent witness or party to any suit or in any court where a white man is defendant.' ...
— In the Wilds of Florida - A Tale of Warfare and Hunting • W.H.G. Kingston
... "oxen," "pigs," and "donkeys," had appeared in the witness-box, that the commanding officer of the battery had felt quite giddy, and the presiding judge had perpetrated the cheap witticism that the entire German army might have been fed for a month on the cattle that the defendant had bullied into existence. He, Wegstetten, had hardly been in a humour to enjoy the joke, when the senior major (that detestable Lischke, in whose bad books he already stood), who was commanding the ...
— 'Jena' or 'Sedan'? • Franz Beyerlein
... England, was also a native of Abingdon; he admitted prisoners to some rights, protected defendants in suits, and had the irons stricken off the accused when brought into court, for in those days of the cruel rule of Judge Jeffreys the defendant was always considered guilty until adjudged innocent. Holt originated the aphorism that "slaves cannot breathe in England:" this was in the famous Somerset case, where a slave was sold and the vendor sued for his money, laying the issues at Mary-le-Bow in London, and describing the negro ...
— England, Picturesque and Descriptive - A Reminiscence of Foreign Travel • Joel Cook
... skilfully sounding him, however, I discovered that his sentiments regarding the prisoner are exactly the same as those entertained by myself. What these are I need hardly say. It is now a struggle between the authority of the Provisional Government and a horde of rebellious persons of which the defendant is the most dangerous. The eyes of our followers are upon us; and if we permit the authority of Government to be defied, its officers reviled, and insult heaped upon us, depend upon it we shall speedily lose the hold we have gained after so many bitter struggles; and become a prey to the ...
— Annette, The Metis Spy • Joseph Edmund Collins
... regard to those repeals, and that the public 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, ...
— An Historical Account Of The Rise And Progress Of The Colonies Of South Carolina And Georgia, Volume 1 • Alexander Hewatt
... spoonful of Indian pudding into his mouth, either as a sign that he relished the dish or comprehended the story, he called unto him his constable, and, pulling out of his breeches pocket a huge jack-knife, dispatched it after the defendant, as a summons, accompanied by ...
— Journeys Through Bookland, Vol. 8 • Charles H. Sylvester
... the College. The conversion was alleged to have been made on the 7th day of October, 1816. The proper pleas were filed, and by consent the cause was carried directly to the Superior Court of New Hampshire, by appeal, and entered at the May term, 1817. The general issue was pleaded by the defendant, and joined by the plaintiffs. The facts in the case were then agreed upon by the parties, and drawn up in the form of a special verdict, reciting the charter of the College and the acts of the legislature ...
— The Great Speeches and Orations of Daniel Webster • Daniel Webster
... news some years ago (1894). A man of 30 was charged with ill-treating his wife's illegitimate daughter, aged 3, during a period of many months; her lips, eyes, and hands were bitten and bruised from sucking, and sometimes her pinafore was covered with blood. "Defendant admitted he had bitten the child because he ...
— Studies in the Psychology of Sex, Volume 3 (of 6) • Havelock Ellis
... 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
... necessarily unacquainted, has given rise in their palavers to (what I little expected to find in Africa) professional advocates, or expounders of the law, who are allowed to appear and to plead for plaintiff or defendant, much in the same manner as counsel in the law courts of Great Britain. They are Mahomedan Negroes who have made, or affect to have made, the laws of the Prophet their peculiar study; and if I may judge from their harangues, which ...
— Life and Travels of Mungo Park in Central Africa • Mungo Park
... bought of this man a piece of land, and as I was making a deep drain through it, I found a treasure. This is not mine, for I only bargained for the land, and not for any treasure that might be concealed beneath it; and yet the former owner of the land will not receive it." The defendant answered: "I hope I have a conscience as well as my fellow-citizen. I sold him the land with all its contingent, as well as existing advantages, and ...
— Voices for the Speechless • Abraham Firth
... have the goodness to tell us what you know of the robbery at the house of Peter Schroeder, and the part defendant had in it." ...
— The Hoosier Schoolmaster - A Story of Backwoods Life in Indiana • Edward Eggleston
... to be accused of 'treason' was in these days to win public sympathy, even though the defendant were guilty of offences under other more ...
— Tacitus: The Histories, Volumes I and II • Caius Cornelius Tacitus
... jury, I propose to prove to your absolute satisfaction that this defendant, Jeffrey Whiting, did wilfully and with prepared design, murder Samuel Rogers on the morning of August twentieth last. I shall not only prove to you the existence of a long-standing hatred harboured by this defendant ...
— The Shepherd of the North • Richard Aumerle Maher
... had informed him that Collins was making a long harangue to the Judge. Observing that the Judge showed no disposition to put a stop to the proceedings, Mr. Robinson requested to be informed what was the defendant's object in addressing the Court, and whether he had made any motion. "If Mr. Collins is allowed to proceed," replied Judge Willis, "I dare say his object will appear." ...
— The Story of the Upper Canada Rebellion, Volume 1 • John Charles Dent
... changed, and the plaintiff had taken the place of the defendant. Even before the excitement had quieted down, I saw the sheriff, at the instigation of Reigart and others, stride forward to Gayarre, and placing his hand upon the shoulder of the latter, arrest him ...
— The Quadroon - Adventures in the Far West • Mayne Reid
... seem excessive. I shall show you, gentlemen, that Mrs. Stiles, a widow, left almost penniless by her husband, who has by her own efforts brought up and educated four children, two of whom are still entirely dependent upon her, was, on the ninth day of April last, through the negligence of the defendant, injured in such a way as to give her seven weeks of the most painful suffering and to render her unable for the rest of her life to do the work upon which she has hitherto mainly depended for the support of herself and her family. I ...
— Lippincott's Magazine, November 1885 • Various
... case, and secured a verdict for the defendant. I knew that every word Bob spoke was literally true, and the audacity of the enterprise so fascinated me that I resolved on the spot to undertake it, if it should be found, on going into details, that a craft, capable of being handled by our two ...
— For Treasure Bound • Harry Collingwood
... always approachable and ready to advise even with the most lowly. His sense of justice and his consideration are shown in the fact that in all the long years that the Oliver Plow Works existed, it has never once been defendant in a lawsuit in its home county, ...
— Little Journeys to the Homes of the Great, Volume 11 (of 14) - Little Journeys to the Homes of Great Businessmen • Elbert Hubbard
... then, my Emmeline, and place my case in Ellen's hands as counsel for the defendant, or throw myself on ...
— The Mother's Recompense, Volume I. - A Sequel to Home Influence in Two Volumes. • Grace Aguilar
... the expediency is so urgent that a small sacrifice of right is justifiable. In that celebrated law case of Shylock the Jew versus Antonio the merchant, so ably reported by William Shakespeare, Esq., this reason was plainly stated. The defendant's attorney, Bassanio, in order to avert from his client the dreadful forfeit of a pound of flesh taken nearest his ...
— American Missionary, Volume 43, No. 10, October, 1889 • Various
... of six months' publication of matrimonial banns and a physical certificate before marriage; a strictly provisional decree of divorce; the establishment of a court of domestic relations, and a prohibition of remarriage of the defendant during the life of the plaintiff. These are reasonable restrictions and seem likely to be adopted gradually, as practicable improvements over the existing laws. It is also proposed that the merits of every case shall be more carefully ...
— Society - Its Origin and Development • Henry Kalloch Rowe |
