"Defendant" Quotes from Famous Books
 ... jury will give a verdict and damages where they would not convict on the same evidence. Yours is just one of those cases where Temper says, 'indict!' but Prudence says, 'sue!' and Law, through John Compton, its oracle in this square, says, sue the defendant and no other. Now, who is the true defendant here, or party ...
— Hard Cash • Charles Reade
... also had a share both of the reproof from the pulpit, and in the retaliation, brought an action against Mr. Thompson, in the court of session, for defamation and damages, and I was one of the counsel for the reverend defendant. The liberty of the pulpit was our great ground of defence; but we argued also on the provocation of the previous attack, and on the instant retaliation. The court of session, however, the fifteen judges, ...
— The Works of Samuel Johnson in Nine Volumes - Volume V: Miscellaneous Pieces • Samuel Johnson
... 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 and paid the ...
— Grain and Chaff from an English Manor • Arthur H. Savory
... Stafford for Crewe we pass on the right Ingestrie Park, the seat of the Earl of Talbot; the ruins of Chartley Castle, the property of Earl Ferrers, the defendant in the action brought by Miss Smith for breach of promise of marriage; and Sandon Park, the seat of the Earl of Harrowby, who for many years, before succeeding his father, represented Liverpool in the House of Commons ...
— Rides on Railways • Samuel Sidney
... founded on a vote, of the house of commons. Nevertheless, when the cause was heard before the lord-chief justice of England, a jury of free-born Englishmen, citizens of London, asserted their privilege of judging the law as well as the fact, and acquitted the defendant with a truly admirable spirit of independency. They considered the pamphlet as an appeal against oppression; and, convinced that the contents were true, they could not in conscience adjudge it a false libel, even though it had been so declared by ...
— The History of England in Three Volumes, Vol.II. - From William and Mary to George II. • Tobias Smollett
... said the best speech Mr. Toombs ever made was in a case in which he represented a poor girl who was suing her stepfather for cruel treatment. The defendant was a preacher, and the jury brought in a verdict for $4000, the maximum sum allowed, and petitioned the Judge to allow them to find damages in a ...
— Robert Toombs - Statesman, Speaker, Soldier, Sage • Pleasant A. Stovall
... The plaintiff and defendant first state to the bench the general circumstances of the case. If their accounts differ, and they consent to refer the matter to the decision of the proattins or bench, each party is to give a token, to the value of a suku, that he will abide by it, ...
— The History of Sumatra - Containing An Account Of The Government, Laws, Customs And - Manners Of The Native Inhabitants • William Marsden
... be accused of 'treason' was in these days to win public sympathy, even though the defendant were guilty of offences under other ...
— Tacitus: The Histories, Volumes I and II • Caius Cornelius Tacitus
... the said bill of complaint is uncertain, and insufficient in the law to be answered unto, and the matter therein contained feigned and craftily imagined, to the intent to put the said Henry Walton to great costs and expenses. Nevertheless, for answer and declaration of the truth, the said defendant saith that it appeareth by the bill of the said complainant that he hath no cause of action in this honourable court, for it appeareth by his bill of complaint that the said goods be recovered in the King's Court holden ...
— Fifteenth Century Prose and Verse • Various
... the funds of the bank. This was one of the causes celebres of the day. Wyman had been a business man of high standing. Such offences were rare in those days, and the case would have attracted great attention whoever had been for the defence. But the defendant's counsel were Daniel Webster, Rufus Choate, Franklin Dexter, and my brother, E. R. Hoar, a young man lately admitted to the bar. Mr. Webster, notwithstanding his great fame as a statesman, is said never to have lost ...
— Autobiography of Seventy Years, Vol. 1-2 • George Hoar
... Federation brought a suit which was prosecuted through the Supreme Court of Illinois and resulted in an order entered against the State Board of Equalization, demanding that it tax the corporations mentioned in the bill. In spite of the fact that the defendant companies sought federal aid and obtained an order which restrained the payment of a portion of the tax, each year since 1900, the Chicago Board of Education has benefited to the extent of more than a quarter of a million dollars. ...
— Twenty Years At Hull House • Jane Addams
... a prostitute"; they now feared being "sold into California" by the woman in charge. The Inspector said: "There has been at times a number of women residing in the house, and I do not know what has become of them. I believe that they have been sent to California by the defendant." One of the girls being recalled, and seeming to have gained courage, witnessed that she had been in the house when several women had been brought there and after some time had been sent away to California. She had been ...
— Heathen Slaves and Christian Rulers • Elizabeth Wheeler Andrew and Katharine Caroline Bushnell
... break off? Well, then, it's right to tell you that you're in a very ugly scrape, for it was my wife you took home last night—not Miss Moriarty; and I leave you to choose at your leisure whether you'd rather be defendant in a suit for breach of promise or seduction; and, upon my conscience, I think it's civil in me to ...
— The Confessions of Harry Lorrequer, Complete • Charles James Lever (1806-1872)
... he nearly fell into the cellar. Now this talk was very offensive. I knew Mr. Jackson was defendant in a case then pending. He had been charged with conspiring to defraud; with having stolen three horses; with illegally detaining seventy-five dollars; and on other counts which I cannot remember just now. The thing was originally ...
— The Book of the Bush • George Dunderdale
... 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 in the annals ...
— The Trials of the Soldier's Wife - A Tale of the Second American Revolution • Alex St. Clair Abrams
... 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 ...
— All About Coffee • William H. Ukers
... 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, ...
— Evolution and Ethics and Other Essays • Thomas H. Huxley
... bloody, but certain open sluices on his own head sufficiently shewed whence all the scarlet stream had issued: whereas the accuser had not the least mark or appearance of any wound. The justice asked the defendant, What he meant by breaking the king's peace?——To which he answered——"Upon my shoul I do love the king very well, and I have not been after breaking anything of his that I do know; but upon my shoul this man hath brake my head, ...
— Amelia (Complete) • Henry Fielding
... suit was commenced your Petitioner was in Sangamon County for the purpose of collecting debts due him, and with the rest, the note in question, which note had then been given more than a year, that your Petitioner then saw the defendant J. L. Gerard who is the principal in said note, and solicited payment of the same; that said defendant then made no pretense that he did not owe the same, but on the contrary expressly promised that he would come into Springfield, in a very few days and either pay the money, or give a new ...
— The Papers And Writings Of Abraham Lincoln, Complete - Constitutional Edition • Abraham Lincoln
... 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; ...
— Early Reviews of English Poets • John Louis Haney
... 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 ...
— Knocking the Neighbors • George Ade
... trying to show that his side is right and trying to win the case. The fact that he represents the State makes no difference in his psychology. In fact, he always tells the jury that he represents the State and is as much interested in protecting the defendant as in protecting society. He does this so that the jury will give his statements more weight than the statements of the lawyer for the defense, and this very remark gives him an advantage that is neither ...
— Crime: Its Cause and Treatment • Clarence Darrow
... "Barkeep, you're the defendant, an' for the purposes of the forthcomin' action your name's John Doe. You four other characters are the jury, an' that don't leave nothin' for me to be except plaintiff, prosecutin' attorney, judge, an' court bailiff." Jerking his gun from its holster the cowboy grasped it by the barrel and rapped ...
— Prairie Flowers • James B. Hendryx
... of the feeblest. Two years later, on pressing demands from Versailles, Vergor was brought to trial, as was also Villeray. The Governor, Vaudreuil, and the Intendant, Bigot, who had returned to Canada, were in the interest of the chief defendant. The court-martial was packed; adverse evidence was shuffled out of sight; and Vergor, acquitted and restored to his rank, lived to inflict on New France another and ...
— Montcalm and Wolfe • Francis Parkman
... part in this measure, and, after demonstrating that the judges had arrogated to themselves the rights and functions of the jury, said that if, upon a motion in arrest of judgment, the innocence of the defendant's intention was argued before the court, the answer would be, and was, given uniformly, that the verdict of guilty had concluded the criminality of the intention, though the consideration of that question had been by the ...
— Continental Monthly , Vol. 6, No. 1, July, 1864 - Devoted to Literature and National Policy. • Various
... the judge of the lower court being to transmit to the higher all the evidences and informations. If, upon the first view of the cause thus opened, it shall appear that the appeal was made without just cause, the first sentence shall be confirmed without citation of the defendant. If any new evidence shall appear, or any doubts arise, both ...
— The Works of Samuel Johnson, Vol. 6 - Reviews, Political Tracts, and Lives of Eminent Persons • Samuel Johnson
... 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 ...
— The Best Short Stories of 1917 - and the Yearbook of the American Short Story • Various
... 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 clerk's ...
— The Mayor of Casterbridge • Thomas Hardy
... Squire Pollard, "that this matter is foreign to the case. Squire Fishley testifies that he gave the defendant one hundred dollars, and that he desired the young man not to mention the matter. This testimony explains where the defendant obtained his money, and why he declined to tell where he got it. The material facts ...
— Down The River - Buck Bradford and His Tyrants • Oliver Optic
... 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
... for Breach of Promise, a letter was read from Defendant saying that "he must now get a monkey;" whereupon the "learned Under-Sheriff," as reported in the Daily Telegraph, exclaimed, "A Monkey! What the goodness does he mean?" Now, isn't that better than saying, "What the deuce?" Of course, no doubt the learned Under-Sheriff is suficiently ...
— Punch, Or The London Charivari, Vol. 99., November 8, 1890 • Various
... defendant, in pursuance of an agreement between counsel, and with the leave of the court, pleaded in ...
— Cotton is King and The Pro-Slavery Arguments • Various
... in full swing. Plaintiff and defendant were equally adjured to state, point by point, and without both speaking at once, how the affair took place, and in what their ...
— The Talking Beasts • Various
... me thinks some Vizard-Mask I see Cast out her Lure from the mid Gallery: About her all the fluttering Sparks are rang'd; The Noise continues, though the Scene is chang'd: Now growling, sputt'ring, wauling, such a clutter! 'Tis just like Puss defendant in a Gutter. ...
— The Works of Aphra Behn, Vol. III • Aphra Behn
... materials, rather splendid, to strike the eye at once. Her son, on the contrary, wished for something simple and elegant. So in front of everything put before them they had each repeated their arguments. She declared that a client, a defendant, must be impressed; that as soon as he is shown into his counsel's waiting-room he should have a ...
— The Works of Guy de Maupassant, Volume VIII. • Guy de Maupassant
... end, he gave up practising in the forum, partly from shame, partly from fear. For, in a certain trial before the court of the One Hundred [923], having lashed the defendant as a man void of natural affection for his parents, he called upon him by a bold figure of speech, "to swear by the ashes of his father and mother which lay unburied;" his adversary taking him up for the ...
— The Lives Of The Twelve Caesars, Complete - To Which Are Added, His Lives Of The Grammarians, Rhetoricians, And Poets • C. Suetonius Tranquillus
... commanding officer of the battery had felt quite giddy, and the presiding judge had perpetrated the cheap witticism that the entire German army might have been fed for a month on the cattle that the defendant had bullied into existence. He, Wegstetten, had hardly been in a humour to enjoy the joke, when the senior major (that detestable Lischke, in whose bad books he already stood), who was commanding the regiment during the colonel's absence on leave, had taken him ...
— 'Jena' or 'Sedan'? • Franz Beyerlein
... been fined 12s. 6d. for shooting an owl in mistake for a pigeon. Defendant pleaded that in omitting to sound its hooter the owl was guilty ...
— Punch, or the London Charivari, Vol. 156, June 4, 1919. • Various
... 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 ...
— The Letters of the Younger Pliny - Title: The Letters of Pliny the Younger - - Series 1, Volume 1 • Pliny the Younger
... 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 speak ...
— Atlantic Monthly, Volume 11, Issue 67, May, 1863 • Various
... twentieth day of January following a battel or combat was fought in Smithfield within the lists before the King between the men of Feversham in Kent, John Upton Notary Appelant and John Down Gentleman defendant. John Upton accused John Down that he and his compiers should design the King's death on the day of his Coronation following. When they had fought somewhat long and received each of them some wounds, and still persisting in their violent action and no hopes to find ...
— The History of Sir Richard Whittington • T. H.
... left was the quantum of damages, to be assessed by a jury. The case selected for a test was the case of the Rev. James Maury against the sheriff of Hanover County and his sureties. It was set for trial at the December term of the County Court of Hanover, 1763. Henry was retained for the defendant, and made an argument so forcible, so conclusive, and so eloquent that it has made his fame as "the greatest orator who ever lived," as Mr. Jefferson wrote of him. He took the ground that allegiance and protection in government are reciprocal, that the ...
— Great Men and Famous Women. Vol. 4 of 8 • Various
... 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 ...
— International Miscellany of Literature, Art and Science, Vol. 1, - No. 3, Oct. 1, 1850 • Various
... have the pleadings and counterpleadings of the lawyers on either side: Dominus Hyacinthus de Archangelis, Pauperum Procurator (the counsel for the defendant), and Juris Doctor Johannes-Baptista Bottinius, Fisci et Rev. Cam. ...
— An Introduction to the Study of Browning • Arthur Symons
... 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 ...
— The Causes of the Corruption of the Traditional Text of the Holy Gospels • John Burgon
... 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 ...
— The Woman's Bible. • Elizabeth Cady Stanton
... 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
... Schoonhoven, giving an occasional grunt, as he shoveled a spoonful of Indian pudding into his mouth—either as a sign that he relished the dish or comprehended the story—he called unto his constable, and pulling out of his breeches proper a huge jack-knife, dispatched it after the defendant as a summons, accompanied by his tobacco box as ...
— Knickerbocker's History of New York, Complete • Washington Irving
... by affidavit this day filed in the office of the Clerk of the Tecumseh Circuit Court, that Marcia G. Hubbard, defendant in the above entitled action for divorce on account of abandonment and gross neglect of duty, is a non-resident of the State of Indiana, notice of the pendency of such action is therefore hereby given said defendant above named, and that ...
— A Modern Instance • William Dean Howells
... 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 from ...
— The Night-Born • Jack London
... proclaimed by the Governor, under an act of the legislature, on the 25th of June, 1842. The plea goes on to aver, that the plaintiff was aiding and abetting this attempt to overthrow the government, and that the defendant was under the military authority of John T. Child, and was ordered by him to arrest the plaintiff; for which purpose he applied at the door of his house, and being refused entrance he forced ...
— The Great Speeches and Orations of Daniel Webster • Daniel Webster
... municipal election a defendant told the Carlisle Bench that it was only a frolic. The Bench, entering into the spirit of the thing, told the man to go and have a good ...
— Punch, or the London Charivari, Vol. 158, January 28th, 1920 • Various
... judge. She answered, "No, that place smelt too much of blood." If they had cases for her to try, let them be brought before her in her own house. This she said idly, thinking no more of it, but next day was astonished to learn that the plaintiff and defendant in a great suit, with their respective advocates, and from thirty to forty witnesses, were waiting without to know when it was her pleasure to attend ...
— The Ghost Kings • H. Rider Haggard
... in an action of ejectment," replied the attorney—"Woodley versus Thorndyke; and is brought to recover possession of a freehold estate now held and farmed by the defendant." ...
— The Experiences of a Barrister, and Confessions of an Attorney • Samuel Warren
... right originally to recover the money. They are the persons who would have to pay the costs, unless your lordships consent to insert the clause proposed by my noble friend. Somebody must pay the costs after all. But it is said that the defendant is not to pay the costs, and that he is to be let out of prison. Well, you may let him out, if you please; but, surely, you would not call upon the plaintiffs to pay the costs incurred by his conduct? That would not be ...
— Maxims And Opinions Of Field-Marshal His Grace The Duke Of Wellington, Selected From His Writings And Speeches During A Public Life Of More Than Half A Century • Arthur Wellesley, Duke of Wellington
... under his severe and watchful eye. This took one particular form which is the talk of Windham County even yet. By reason of their presence in General Field's office they were early apprised of actions at law which he was retained to institute; whereupon they sought out the defendant and offered their services to represent him gratis. Thus the elder counsellor frequently found himself pitted in the justice's courts against his keen-witted and graceless sons, who availed themselves ...
— Eugene Field, A Study In Heredity And Contradictions - Vol. I • Slason Thompson
... to the 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, ...
— A Life of William Shakespeare - with portraits and facsimiles • Sidney Lee
... 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 request ...
— Berry And Co. • Dornford Yates
... laid 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. ...
— Punch, or the London Charivari, Volume 1, Complete • Various
... 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 ...
— Sea Power in its Relations to the War of 1812 - Volume 1 • Alfred Thayer Mahan
... 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 Sulla, and of ...
— The Continental Monthly, Volume V. Issue I • Various
... use, one of the most important and well-established limitations on the exclusive right of copyright owners, would be given express statutory recognition for the first time in section 107. The claim that a defendant's acts constituted a fair use rather than an infringement has been raised as a defense in innumerable copyright actions over the years, and there is ample case law recognizing the existence of the doctrine and applying it. The examples enumerated at page ...
— Reproduction of Copyrighted Works By Educators and Librarians • Library of Congress. Copyright Office.
... 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 considered, ...
— Society - Its Origin and Development • Henry Kalloch Rowe
... and the speeches and writings of patriots—are precisely the authentic publications of patriotism, edited by patriots, and edited, as a rule, for the benefit of the public. He ought to have seen in all this simply the special pleading of the defendant: he had, before his eyes, a ready-made history of the Revolution, which presents, side by side with each of the acts of the 'People,' from the massacres of September to the law of Prairial, a ready- made explanation according to the republican ...
— The Psychology of Revolution • Gustave le Bon
... The defendant, a large, handsome girl of Lower Normandy, well educated for her station in life, wept continuously and ...
— Maupassant Original Short Stories (180), Complete • Guy de Maupassant
... 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 at each end of the street in order ...
— Chess History and Reminiscences • H. E. Bird
... '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 and discover, the problem of evil. It may be that ...
— Gilbert Keith Chesterton • Patrick Braybrooke
... 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 Paris Sketch Book Of Mr. M. A. Titmarsh • William Makepeace Thackeray
... military, all over the United States, as would amount to the laying open the whole executive books. I have desired the Secretary of War to examine his official communications; and on a view of these, we may be able to judge what can and ought to be done towards a compliance with the request. If the defendant alleges that there was any particular order, which, as a cause, produced any particular act on his part, then he must know what this order was, can specify it, and a prompt answer can be given. If the object had been specified, we might ...
— Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson - Volume I • Thomas Jefferson
... 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 ...
— Noah Webster - American Men of Letters • Horace E. Scudder
... "Ahem!" and clears away the intricacies of the case with a sweep of that strong practical sense which distinguishes the New-England farmer,—getting at the very hinge of the matter, without any consciousness of his own precision, and satisfying the defendant by the clearness of his talk as much as by ...
— Dream Life - A Fable Of The Seasons • Donald G. Mitchell
... expectations of public curiosity, and shortened the trial considerably. I confined myself to three principal replies, the substance of which I never changed. Firstly, to all questions concerning my childhood and education, I replied that I had not come into the defendant's dock to accuse others. Secondly, to those bearing on Edmee, the nature of my feeling for her, and my relations with her, I replied that Mademoiselle de Mauprat's worth and reputation could not permit even the simplest question as to the nature ...
— Mauprat • George Sand
... Disengaging himself from a group of men at the corner of the square, the defendant in the case of Kenwright vs. Billings made a bee-line ...
— Viola Gwyn • George Barr McCutcheon
... him. I know 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
... in current use until, perhaps, near the commencement of the seventeenth century, though it was getting to be regarded as somewhat disrespectful. At Walter Raleigh's trial, Coke, when argument and evidence failed him, insulted the defendant by applying to him the term thou. 'All that Lord Cobham did,' he cried, 'was at thy instigation, thou viper! for I thou thee, thou traitor!'"—Fowler's ...
— The Grammar of English Grammars • Goold Brown
... 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 ...
— Annette, The Metis Spy • Joseph Edmund Collins
... Socrates, how often Athenian juries [8] are constrained by arguments to put quite innocent people to death, and not less often to acquit the guilty, either through some touch of pity excited by the pleadings, or that the defendant had skill to turn some charming phrase?" Thus appealed to, Socrates replied: "Nay, solemnly I tell you, twice already I have essayed to consider my defence, and twice the divinity [9] hinders me"; and to the remark of Hermogenes, "That ...
— The Apology • Xenophon
... before the Mayor's Court of New York by the widow Rutgers to recover her property from Joshua Waddington, a wealthy Tory, Alexander Hamilton appeared as counsel for the defendant. It was a daring act which brought down upon him the unmitigated wrath of the radical elements. Nevertheless, in an opinion which has considerable interest for students of constitutional law, the court ruled that the Trespass Act, "by a reasonable interpretation," must be construed ...
— Union and Democracy • Allen Johnson
... such unusual things have been done in this case that I am compelled to do some myself. I shall call the defendant to the witness stand." So he called Temple Scott and he went up and was questioned. He went on to say that Joe Rainey called him an awful name, and said, "I'll kill you, and I'll get my pistol." That Joe Rainey went ...
— Mitch Miller • Edgar Lee Masters
... 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 ...
— The Prose Works of Jonathan Swift, D.D., Vol. VII - Historical and Political Tracts—Irish • Jonathan Swift
... 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 ...
— Where the Strange Trails Go Down • E. Alexander Powell
... 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
... (the plaintiff) summon [the defendant] to court (in ius), he (the defendant) shall go. If he (the defendant) go not, he (the plaintiff) shall call a witness thereto. Then only he (the plaintiff) shall take [the ...
— The Twelve Tables • Anonymous
... in question; that he never saw a stone for a week before or after that date; that he did not deny having rushed into the passage to assist the complainant (drunken surgeon), seeing him being murdered by defendant; and, lastly, that he was never near the place on the day specified. So it would have gone hard with our Doctor, had not his Honour called the jury's attention to the discrepancies in this witness's evidence; and when Dr. Mulhaus was acquitted, delivered a stinging reproof to the magistrates for ...
— The Recollections of Geoffrey Hamlyn • Henry Kingsley
... 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
... day by day under the wall of the Kasbah by the side of his own palace, administering what he is pleased to call justice. Soldiers and slaves stand by to enforce his decree if need be, plaintiff and defendant lie like tombstones or advertisements of patent medicines, or telegrams from the seat of war, but no sign of an emotion lights the old man's face. He tempers justice with—let us say, diplomacy. The other afternoon a French-protected subject was charged with ...
— Morocco • S.L. Bensusan
... circumstances? A third factor which the jury must consider is the possibility of prejudice on the part of the witness. Has he any reason to feel more favorably toward one side than toward the other? Is the defendant his friend or relative or employer? A final consideration is what is commonly called "interest in the case." It is clear that if the witness will be benefited by a certain verdict, he may be inclined to frame his evidence in such a way that it will tend toward that verdict. ...
— Elements of Debating • Leverett S. Lyon
... the witnesses in making oath, and to say, "Step this way," when the testimony was over. There were other bailiffs—one at the gate giving into the railed space before the judge's desk, where prisoners were arraigned, lawyers sat or pleaded, the defendant had a chair, and so on; another in the aisle leading to the jury-room, and still another guarding the door by which the public entered. Cowperwood surveyed Stener, who was one of the witnesses, and who now, in his helpless fright over his own fate, was without malice toward any ...
— The Financier • Theodore Dreiser
... Maryborough assizes in Ireland. It was briefly this. Robert Baldwin, in March 1782, made his will, in which he devised the lands now in question, to the children of his youngest son; soon after which his faculties failed him, and he became altogether childish and died, above eighty years old. The defendant, the eldest son, immediately afterwards gave out that his father had destroyed the will; and no will being found, he entered into possession of the lands in question, and so matters remained for twenty-one years, the whole family during ...
— Our Mutual Friend • Charles Dickens
... he chose without needing money for fees. [111] A case of this kind was often started at the instigation of a native lawyer. When it had gone on for a certain time, the prosecutor's adviser would propose an "extra-judicial arrangement," to extort costs from the wearied and browbeaten defendant. ...
— The Philippine Islands • John Foreman
... 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 Man in Court • Frederic DeWitt Wells
... defendant expressed regret that having misunderstood a newspaper paragraph he charged one penny for a box of 'Pilot matches.' Directly his attention was drawn to the matter he at once charged the correct ...
— Punch, or the London Charivari, Vol. 153, Dec. 26, 1917 • Various
... Police 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. and ...
— The People of the Abyss • Jack London
... judge, if he misses his calculation in adding or subtracting the third, or sixth, or one half, corresponding to the prescribed extenuating or aggravating circumstances! If he makes a miscalculation, the court of appeals is invoked by the defendant, and the inexorable court of appeals tells the judge: "Figure this over again. You have been unjust." The only question for the judge is this: Add your sums and subtract your deductions, and the prisoner is sentenced to one year, ...
— The Positive School of Criminology - Three Lectures Given at the University of Naples, Italy on April 22, 23 and 24, 1901 • Enrico Ferri
... requesting, as a matter of right, that half that sum may be applied in ornamenting their principal square with a botanical garden. Then the Governor has to attend to complaints against public officers. The Commissioner of the Civil Court has proved himself to be an unjust judge by deciding for the defendant contrary to the truth, as proved by the plaintiff; or the Commissioner of the Court of Requests has received a bribe of three-and-fourpence, and refused to listen to the complainant's story. The magistrates have granted a spirit license to a notorious ...
— The Bushman - Life in a New Country • Edward Wilson Landor
... 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 one suggests that it should be the utmost ...
— The Infant System - For Developing the Intellectual and Moral Powers of all Children, - from One to Seven years of Age • Samuel Wilderspin
... testimony in full, with fervid extracts from both the gentleman's and lady's amatory correspondence. The deserted damsel had personally appeared in court, and had borne energetic evidence to her lover's perfidy and the strength of her blighted affections. On the defendant's part there had been an attempt, though insufficiently sustained, to blast the plaintiff's character, and a plea, in mitigation of damages, on account of her unamiable temper. A horrible idea was ...
— Mosses from an Old Manse and Other Stories • Nathaniel Hawthorne
... 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 him, and ...
— Chapters in the History of the Insane in the British Isles • Daniel Hack Tuke
... ingenuous manner in which it was given, the mind of Mr. Bollman seemed to be at rest upon this subject, and their further conversation related to the case in which Sommers himself would appear as defendant, and in which Mr. Bollman was ...
— Bucholz and the Detectives • Allan Pinkerton
... found that the charge against him was burglary. There had been a fire in a dry goods store, where some of the merchandise had not been entirely consumed. The place had been boarded up to protect, for the time being, the damaged articles. Several boys, among them this defendant, had pulled off a board or two, and were helping themselves to the contents of the place, when the police arrived. The others got away, and this was the only one caught. The attorney asked the boy if he wanted a jury trial. He said "No;" that he was guilty, and preferred ...
— How to Get on in the World - A Ladder to Practical Success • Major A.R. Calhoon
... [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
... the case, and secured a verdict for the defendant. I knew that every word Bob spoke was literally true, and the audacity of the enterprise so fascinated me that I resolved on the spot to undertake it, if it should be found, on going into details, that a craft, capable of being handled by our two selves, could stow away, without ...
— For Treasure Bound • Harry Collingwood
... 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 ...
— The Survey of Cornwall • Richard Carew
... 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
... justice was illustrated by a dispute, in which the Rev. Mr. Marsden was complainant, and the secretary of the governor the defendant. Mr. Campbell was the censor of the New South Wales press: he admitted an article, which imputed to Mr. Marsden (1817) the abuse of his office as agent for the missionary societies, and of using muskets and gunpowder as articles of traffic with the natives of the Pacific. The judge ...
— The History of Tasmania, Volume I (of 2) • John West
... 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
... but now famous sensational Boston "Gas Trial," Henry H. Rogers in the role of defendant was the principal witness. I was in court five hours and a half each sitting as day after day he testified. I watched, as the brightest lawyers in the land laid their traps for him in direct and cross-examination, to detect a single sign of fiction replacing ...
— Frenzied Finance - Vol. 1: The Crime of Amalgamated • Thomas W. Lawson
... was followed by the afflicted children bearing testimony to being grievously tormented by defendant, who came sometimes in the shape of a black cat, a dog, or a pig, and who was sometimes accompanied by a black man. Louder next related his experience of being changed to a horse and ridden to a witches' ball, and of ...
— The Witch of Salem - or Credulity Run Mad • John R. Musick |
