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More "Defendant" Quotes from Famous Books
 ... 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
... collecting evidence, he instantly set out for Sicily, which he traversed in less than two months, and returned attended by all the necessary witnesses. Another desperate effort was made by Hortensius, now Consul elect, who was counsel for the defendant, to raise up obstacles which might have the effect of delaying the trial until the commencement of the following year; but here again he was defeated by the promptitude and decision of his opponent, who opened the case very briefly, proceeded at once to the examination of the witnesses ...
— A Smaller History of Rome • William Smith and Eugene Lawrence
... without a vest, and because the matter was unimportant, no newspaper reporters were called in. The matter in hand was highly informal. The Judge, tilted back in his easy chair, toyed with his silken mustache, while counsel for defendant, standing by the desk before which the Judge's chair was swinging, handled the papers representing the defendant's answer, to the plaintiff's pleadings. The plaintiff herself, dressed in rather higher sleeves than would have been thought possible to put upon a human form and make them stand erect, ...
— In the Heart of a Fool • William Allen White
... question then 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 ...
— Great Men and Famous Women. Vol. 4 of 8 • Various
... 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 ...
— A Short History of Women's Rights • Eugene A. Hecker
... complained that no answer was given to a written application by the defendant's solicitors for leave to inspect the pictures which the plaintiff had been called upon to produce at the trial. The WITNESS replied that Mr. Arthur Severn had been to his studio to inspect the paintings, on behalf of the defendant, for the purpose of passing his final judgment ...
— The Gentle Art of Making Enemies • James McNeill Whistler
... who takes fees from both plaintiff and defendant, or that goes snacks with both parties ...
— 1811 Dictionary of the Vulgar Tongue • Captain Grose et al.
... this crisis Cicero made one of his most graceful and witty speeches, the Pro Murena. The defendant was charged with bribery in his candidature for the consulship, and ...
— The Student's Companion to Latin Authors • George Middleton
... Graham saluted them; and, by his order, they took their places without the lists, and the trumpet sounded for the challenger. It was answered by the defendant, who soon after appeared, attended by three gentlemen his friends, with each one servant, beside ...
— The Old English Baron • Clara Reeve
... part, no matter how innocent his intent, will not bring him within reach of the criminal law. He is, moreover, denied the right of trial by jury, his case usually being decided off-hand by a bored and unsympathetic magistrate who has no knowledge of the defendant's tongue. Moreover, the company's laws permit the punishment of unruly laborers by flogging, with a maximum of twelve lashes. In view of the remoteness of most of the estates, it is scarcely necessary for me to point out that this is a ...
— Where the Strange Trails Go Down • E. Alexander Powell
... the market-place of Keswick was surrounded by a busy throng. The Civil Court of the County Assize was sitting in this little place for the nonce to try a curious case of local interest. It was an action for ejectment brought by Greta, Mrs. Paul Ritson, against a defendant whose name was entered on the sheet as Paul Drayton, alias Paul Ritson, now of the Ghyll, in the ...
— A Son of Hagar - A Romance of Our Time • Sir Hall Caine
... found against him, before he could be tried he was called upon to answer, or, in technical parlance, to plead. A plea in bar is an answer, either affirming or denying the offence charged in the indictment, or, if of a dilatory character, showing some ground why the defendant should not be called upon to answer at all. In those days, in all capital cases, the estates of the criminal, on conviction and judgment, were forfeited to the crown. The blood of the offender was considered as corrupted, and, as a ...
— Graham's Magazine Vol XXXII No. 1 January 1848 • Various
... for keeping gambling houses. Only one of these indictments was tried at this term, and the accused, Mr. William D. Phillips, being a prominent member of the bar, and there being a good deal of fun in it, I will give a brief history of the trial and the defendant. ...
— The History of Minnesota and Tales of the Frontier • Charles E. Flandrau
... bill is that it grants this right to the accused after the jury has been secured. Why, if the defendant didn't like the adverse rulings of the Judge he could easily claim bias and the law would upheld his demand for another Judge. Think of how that would operate in the Calhoun trial in San Francisco. Such a law would cost the State ...
— Story of the Session of the California Legislature of 1909 • Franklin Hichborn
... 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 ...
— The Continental Monthly, Volume V. Issue I • Various
... 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 of every obsolete technicality, quirk, and precedent ...
— Eugene Field, A Study In Heredity And Contradictions - Vol. I • Slason Thompson
... a long way from feeling them to be intolerable. The principle of 'At mihi plaudo ipse domi, simul ac nummos contemplor in arca,' is sufficient to make a wide interval between the opinions of the plaintiff and defendant in such cases. In short, to banish law and leave all plaintiffs to trust to the desire of reputation on the opposite side, would only be transporting the theory of the Whigs from the House ...
— The Miscellaneous Writings and Speeches of Lord Macaulay, Vol. 2 (of 4) - Contributions To The Edinburgh Review • Thomas Babington Macaulay
... was tried, convicted, and punished. After this he evinced a strong hostility to the government. He made great exertions to bring it into contempt, and when the next trial came on, he endeavored to persuade the witnesses that giving evidence was dishonorable, and he so far succeeded, that the defendant was acquitted for want of evidence, when it was generally understood that there was proof of his guilt, which would have been satisfactory, if it could have been brought forward. For some time after this, the ...
— The Teacher - Or, Moral Influences Employed in the Instruction and - Government of the Young • Jacob Abbott
... I ask you—who are all familiar with the record—if an undue sympathy for the defendant, Antonio, was not felt on the trial? The favor and good wishes of the court, the spectators, and of the reporter, were evidently enlisted for him as against his opponent. This Antonio, perhaps, was a very worthy fellow in his way; and in a criminal action—as on an indictment for murdering a family ...
— The Continental Monthly, Vol. III, No. V, May, 1863 - Devoted to Literature and National Policy • Various
... 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 ...
— The Shepherd of the North • Richard Aumerle Maher
... told that an action at law was once brought against one of these water nymphs, by a person who had a new suit of clothes spoiled by this operation: but after long argument, it was determined that no damages could be awarded; inasmuch as the defendant was in the exercise of a legal right, and not answerable for the consequences. And so the poor gentleman was doubly non-suited; for he lost both his suit of clothes and his suit ...
— McGuffey's Sixth Eclectic Reader • William Holmes McGuffey
... the instructor possessed much judgment and perseverance. The sport is very exciting; but the spectator must be well-mounted, and ride boldly, who would closely watch the swift, varying evolutions of the assailing party, and the sudden evasions of the helpless defendant." ...
— Anecdotes of Dogs • Edward Jesse
... (The). This was between Lord Busqueue and Lord Suckfist, who pleaded their own cases. The writs, etc., were as much as four asses could carry. After the plaintiff had stated his case, and the defendant had made his reply, Pantagruel gave judgment, and the two suitors were both satisfied, for no one understood a word of the pleadings, or the tenor of the verdict.—Rabelais, Pantagruel, ...
— Character Sketches of Romance, Fiction and the Drama - A Revised American Edition of the Reader's Handbook, Vol. 3 • E. Cobham Brewer
... Corinne," he said, "who is he, this pig? Furnish me forthwith by return with an advice note of the name of the defendant." ...
— Lady Bountiful - 1922 • George A. Birmingham
... National Constitution, further support their claim by a series of decisions as to the citizenship of women and the inherent rights which it carries. They quote especially the case of the United States vs. Kellar. The defendant was indicted by a Federal grand jury in Illinois for illegal voting in a Congressional election, as he never had been naturalized. He and his mother were born in Prussia, but came to the United States when he was a minor, and she married a naturalized ...
— The History of Woman Suffrage, Volume IV • Various
... that "the defendant, Lucy A. Berry, was a mere infant when he came in possession of Mrs. Fannie Berry's estate, and that he often saw the child in the care of its reputed mother, Polly, and to his best knowledge and belief, he thought Lucy A. Berry was Polly's ...
— From the Darkness Cometh the Light, or Struggles for Freedom • Lucy A. Delaney
... certain slips of technicality; 'you are charged with trespassing in pursuit of game at Essant Hill—that you did use a wire on the estate—on land in the occupation of Johnson.'—'It's a lie!' cries a good-looking, dark-complexioned woman, who has come up behind the defendant (the whilome navvy), and carries a child so wrapped in a shawl as to be invisible. 'Silence! or you'll have to go outside the court. Mr. Dalton Dessant will leave the Bench during the hearing of this case.' Mr. Dalton Dessant, one of the silent magistrates already alluded to, bows ...
— The Amateur Poacher • Richard Jefferies
... produce witnesses of the fact. In civil cases, the combat was not allowed as the means of establishing the claim of the demandant; but he was obliged to produce witnesses who had, or assumed to have, knowledge of the fact. The combat was then the privilege of the defendant; because he charged the witness with an attempt by perjury to take away his right. He came therefore to be in the same situation as the appellant in criminal cases. It was not then as a mode of proof that the ...
— The History of The Decline and Fall of the Roman Empire - Volume 5 • Edward Gibbon
... trying a new sight on the cuspidor, "I don't belong to any lodges whatsoever. They're a handicap. Because if the defendant is a Mason and you are a Elk he would rather have a brother Mason be juror than a strange Elk. So I don't belong to any of them and I don't go to church. I also have no convictions whatsoever about politics ...
— A Thousand and One Afternoons in Chicago • Ben Hecht
... penitentiary. And all this to the serious damage, as well in reputation as pocket, of the highly enterprising and rapidly advancing firm of Topman and Gusher. And the plaintiffs prayed, as virtuous gentlemen are known to pray in such cases, that the defendant's property might be attached, and such damages decreed as in the discretion of ...
— The Von Toodleburgs - Or, The History of a Very Distinguished Family • F. Colburn Adams
... of the proceedings in an ordinary civil suit in a justice's court: The justice, at the request of the plaintiff, issues a summons, which is a writ or precept addressed to a constable of the town, in some states to any constable of the county, commanding him to summon the defendant to appear before the justice on a day and at an hour specified, to answer the plaintiff (naming him) in a suit, the nature of which ...
— The Government Class Book • Andrew W. Young
... ruled that poker is a game of chance. He was evidently unacquainted with the leading case in America, where, on the same point arising, the judge, the counsel and the parties adjourned for a quiet game, and the defendant triumphantly demonstrated that it was a ...
— Punch, Or The London Charivari, Vol 150, February 9, 1916 • Various
... "The 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
... doctor and oculist, recently knighted for his achievements, was the real defendant. He was married to a woman with a great literary reputation as a poet and writer who was idolized by the populace for her passionate advocacy of Ireland's claim to self-government; "Speranza" was regarded by the Irish people as a ...
— Oscar Wilde, Volume 1 (of 2) - His Life and Confessions • Frank Harris
... however, and the case was one of the first called on the morning in question. The receiver of the stolen book came forward, with much assurance, as defendant, and modest Dr. A—— as plaintiff; when Sir Spigot, putting his glass to his eye, and looking from the one to the other with his wink and grin as usual, said ...
— The Black Baronet; or, The Chronicles Of Ballytrain - The Works of William Carleton, Volume One • William Carleton
... round the 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 ...
— Henry the Second • Mrs. J. R. Green
... 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 24 of the Register's 1961 Report, while ...
— Reproduction of Copyrighted Works By Educators and Librarians • Library of Congress. Copyright Office.
... want to get Froelich here—if you're going to proceed now," spoke up Delany. "And I'd like to look up this defendant's record at headquarters." ...
— By Advice of Counsel • Arthur Train
... the defendant give back the goods if they were not what she wanted?" Both lawyers are on their feet. There is a mute appeal to the court; both sides are afraid to object to the question for they think the juryman may have a prejudice if he ...
— The Man in Court • Frederic DeWitt Wells
... small sacrifice of right is justifiable. In that celebrated law case of Shylock the Jew versus Antonio the merchant, so ably reported by William Shakespeare, Esq., this reason was plainly stated. The defendant's attorney, Bassanio, in order to avert from his client the dreadful forfeit of a pound of flesh taken nearest his heart, appealed ...
— American Missionary, Volume 43, No. 10, October, 1889 • Various
... portion of the Republic, and pertinaciously returned all letters directed to Aspinwall, with "no such place known" marked upon them in the very spot for which they were intended. And, in addition to this, the legal authorities refused to compel any defendant to appear who was described as of Aspinwall, and put every plaintiff out of court who described himself as residing in that ...
— Wonderful Adventures of Mrs. Seacole in Many Lands • Mary Seacole
... which the pagan natives are necessarily unacquainted, has given rise in their palavers to (what I little expected to find in Africa) professional advocates, or expounders of the law, who are allowed to appear and to plead for plaintiff or defendant, much in the same manner as counsel in the law-courts of Great Britain. They are Mohammedan negroes, who have made, or affect to have made, the laws of the prophet their peculiar study; and if I may judge from their ...
— Travels in the Interior of Africa - Volume 1 • Mungo Park
... in the land she was its first 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 to ...
— The Ghost Kings • H. Rider Haggard
... had been handed the transcripts of a trial on ship, during which two conflicting stories of an incident had been told by witnesses, and a third by the defendant. How could one judge on something like that? And yet he had ...
— But, I Don't Think • Gordon Randall Garrett
... was false, and that he might have got his books by honest means. It was objected that there was in the world only one book printed by Lambert Palmart in 1482, and that the prisoner must have stolen this, the only copy, from the library where it was treasured. The defendant's counsel proved that there was another copy in the Louvre; that, therefore, there might be more, and that the defendant's might have been honestly procured. Here Don Vincente, previously callous, uttered an hysterical cry. Said the Alcalde:- "At ...
— The Library • Andrew Lang
... miles from where defendants resided; that a very short time before the suit was commenced your Petitioner was in Sangamon County for the purpose of collecting debts due him, and with the rest, the note in question, which note had then been given more than a year, that your Petitioner then saw the defendant J. L. Gerard who is the principal in said note, and solicited payment of the same; that said defendant then made no pretense that he did not owe the same, but on the contrary expressly promised that he would come into Springfield, ...
— The Papers And Writings Of Abraham Lincoln, Complete - Constitutional Edition • Abraham Lincoln
... at the Bar to seven years' penal servitude. (With Q. B. D. No. 4 laid on.) After carefully considering all the evidence that has been submitted to the Jury, and giving due weight to the fact that the Defendant's vehicle was admittedly on the wrong side of the road, I have no hesitation in declaring L100 damages a just award. (Dropping tube, and taking up apparatus of Q. B. D. No. 5, sitting as Divisional Court.) I entirely concur in the judgment my learned Brother has just delivered. ...
— Punch, or the London Charivari, Vol. 98, April 12, 1890 • Various
... machines, implements and processes, of which it was declared that the plaintiff was the first and only inventor. The answer to the complaint alleged the disappearance and death of Benedict, and declared the plaintiff to be an impostor, averred the assignment of all the patents in question to the defendant, ...
— Sevenoaks • J. G. Holland
... Ohio, stating that he and the plaintiff were members of a church which held the doctrine that "members thereto might rightfully enter into plural marriages," and admitting such a marriage in this case, he continued: "But defendant denies that he and the said plaintiff intermarried in any other or different sense or manner than that above mentioned or set forth. Defendant further alleges that the said complainant was then ...
— The Story of the Mormons: • William Alexander Linn
... in an affray, his cloaths being very bloody, but certain open sluices on his own head sufficiently shewed whence all the scarlet stream had issued: whereas the accuser had not the least mark or appearance of any wound. The justice asked the defendant, What he meant by breaking the king's peace?——To which he answered——"Upon my shoul I do love the king very well, and I have not been after breaking anything of his that I do know; but upon my shoul this man hath brake my head, and my head did ...
— Amelia (Complete) • Henry Fielding
... only counsel for the defendant; and while I had to acknowledge that the circumstantial evidence was against him, I proved his general character for integrity, and showed that the common and criminal law were on our side, Coke and Blackstone in our favor, and a long list of authorities and decisions: II. Revised Statutes, ...
— Around The Tea-Table • T. De Witt Talmage
... 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 Humbugs of the World • P. T. Barnum
... serious peril has just been disclosed in the publication of the Motu Proprio Papal Decree, under which the bringing by a Roman Catholic layman of a clergyman of his Church into any civil or criminal procedure in a court of law, whether as defendant or witness, without the sanction previously ob tamed of his bishop, involves to that layman the extreme penalty of excommunication. The same penalty appears to be incurred ipso facto by any Roman Catholic Member of Parliament who takes part in passing, and by every ...
— Against Home Rule (1912) - The Case for the Union • Various
... register with the local authorities pass-ports which they must procure under the existing regulations, shall also observe police rules and regulations and pay taxes in the same manner as Chinese. Civil and criminal cases shall be tried and adjudicated by the authorities of the defendant nationality and an officer can be deputed to attend the proceedings. But all cases purely between Japanese subjects and mixed cases between Japanese or Chinese, relating to land or disputes arising from lease contracts, shall be tried and adjudicated by Chinese Authorities and ...
— The Fight For The Republic In China • B.L. Putnam Weale
... the eight kinds of treatment and are all attached and devoted to thee. Happeneth it ever, O monarch, that from covetousness or folly or pride thou failest to decide between the plaintiff and the defendant who have come to thee? Deprivest thou, through covetousness or folly, of their pensions the proteges who have sought thy shelter from trustfulness or love? Do the people that inhabit thy realm, bought by thy foes, ever seek to raise disputes with thee, uniting themselves with ...
— The Mahabharata of Krishna-Dwaipayana Vyasa, Part 2 • Krishna-Dwaipayana Vyasa
... court was both a great surprise and a disappointment to the defendant's young counsel. Considering the fact that the body of the man supposed to have been murdered had never been found, and that his death had been assumed from his sudden disappearance, and the finding of his personal articles scattered ...
— The Eye of Dread • Payne Erskine
... sworn, the counsel, Wright and Nicholson for the plaintiffs, Scott and Earle for the defendant, privately agreed that the money could not be recovered, for excellent legal reasons. But they kept this to themselves, and let the suit go on, merely for the pleasure of hearing Briggs, 'a man of character, of firm, undaunted spirit,' swear to his ghost ...
— Cock Lane and Common-Sense • Andrew Lang
... the Celebrated Juvenile hit the Fresh Air the second Defendant came into The Dock, taking long sneaky Strides and undulating like a Roller Coaster. She was a tall Gal and very Pale, with Belladonna Optics and her Hair shook out and a fine rhythmical Bellows Movement above ...
— Knocking the Neighbors • George Ade
... court for such act, he may cause such suit to be immediately removed into the Circuit Court of the United States; and if the State court refuse a copy of its record, that record may be supplied by affidavit; and if the defendant be under arrest, or in custody, he is to be brought by habeas corpus before the Circuit Court of the United States. Under the first part of these provisions, writs of mandamus and injunction may be issued, and all other writs and processes suitable to ...
— The New England Magazine Volume 1, No. 6, June, 1886, Bay State Monthly Volume 4, No. 6, June, 1886 • Various
... man—that is the allegation—a seditious man—exempted from prosecution? The police cannot do that. Who, then? Who was he that could draw the line between John Martin and his friend A.M. Sullivan—exempt the one, prosecute the other—summon the former as a defendant and subpoena the latter as a crown witness? What was the object? It is plain. There are at this moment, I am convinced—who doubts it?—throughout Ireland, as yet unfound out, Talbots and Corridons in the pay of the crown acting as Fenian centres, who, next day, would ...
— The Wearing of the Green • A.M. Sullivan
... uncompromisingly partisan, Blount had failed to recognize in the railroad official a skilful pleader for the special interests—the interests of the few against those of the many. Hence he was preparing to go to the new field with a rather strong prepossession in favor of the defendant corporation. In their later conversation Gantry had intimated pretty broadly that there was room for an assistant corporation counsel for the railroad, with headquarters in the capital of the Sage-brush State. Blount assumed ...
— The Honorable Senator Sage-Brush • Francis Lynde
... cause between Sir Oliver Vyell, baronet, plaintiff, and the lady of the late Sir Thomas, defendant, was tried in the Court of King's Bench by a special jury. The subject of the litigation was a will of Sir Thomas, suspected to be made when he was not of sound mind; and it appeared that he had made three—one in 1741, another in 1744, and a third in 1746. In ...
— Lady Good-for-Nothing • A. T. Quiller-Couch
... but merely was engaged in exhibiting it for scientific purposes as a member of the Aerial Experiment Association. To this the patentees did not object. Subsequently, however, the machine, with supplementary planes placed midway between the upper and lower aeroplanes, was publicly exhibited by the defendant corporation and used by Curtiss in aerial flights for prizes and emoluments. It further appears that the defendants now threaten to continue such use for gain and profit, and to engage in the manufacture and sale of such ...
— Flying Machines - Construction and Operation • W.J. Jackman and Thos. H. Russell
... 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 ...
— Knickerbocker's History of New York, Complete • Washington Irving
... commencement of this suit, said Dr. Emerson sold and conveyed the plaintiff, said Harriet, Eliza, and Lizzie to the defendant, as slaves, and the defendant has ever since claimed to hold them and ...
— History of the Negro Race in America from 1619 to 1880. Vol. 2 (of 2) - Negroes as Slaves, as Soldiers, and as Citizens • George Washington Williams
... hand, and a train of bubbles was seen making all across the pool toward him. And the next moment two dripping heads came up to hand close together, like cherries on a stalk; and now a dozen hands were at the rope, and the plaintiff and defendant were lifted bodily up on to the flat rock, which came nearly to the water's edge ...
— It Is Never Too Late to Mend • Charles Reade
... preside successively at the trial of Thomas Cooper for sedition, at the second trial of John Fries for treason, and at the trial of James Thompson Callender at Richmond for sedition. On each of the two latter occasions the defendant's counsel, charging "oppressive conduct" on the part of the presiding judge, had thrown up their briefs and rushed from the court room. In 1800 there were few Republicans who did not regard Chase as "the ...
— John Marshall and the Constitution - A Chronicle of the Supreme Court, Volume 16 In The - Chronicles Of America Series • Edward S. Corwin
... my meaning. But let us leave them. And do you tell me, instead, what are plaintiff and defendant doing in a law court—are ...
— Phaedrus • Plato
... good-luck to be opposed to Scarlett in a case of libel, where the latter was for the defendant. "Of all men else at the bar, I know of no one whom I so much wish to encounter," said Gradus. His irritable temper, negligence in reading his briefs, and consummate ignorance{2} in any thing beyond term-reports, ...
— The English Spy • Bernard Blackmantle
... come to tell you, madam," he said, "that I am about to hold jousts in the castle on the first of May, at which your good brother and mine, the Lord Rochford, will be the challenger, while I myself shall be the defendant. ...
— Windsor Castle • William Harrison Ainsworth
... was a "beastly vampire," and that after living with him for two whole weeks she struck him over the head with a crutch and told him that she had a graveyard full of better men than he was. The present victim was the fourth husband of the defendant. ...
— Reno - A Book of Short Stories and Information • Lilyan Stratton
... enlistment in the Union Army and not unnaturally imbued with the extreme partisan views and prejudices against Mr. Johnson then prevailing—his predilections were sharply against the President, and his vote was counted upon accordingly. But he had sworn to judge the defendant not by his political or personal prejudices, but by the facts elicited in the investigation. In his judgment those facts ...
— History of the Impeachment of Andrew Johnson, • Edumud G. Ross
... either to excite or to gratify any interest or curiosity separate from the personal interest inevitably connected with a case to which there were two such parties as a brutal, sensual, degraded ruffian, on one side in character of accuser, and on the other as defendant, a meek angel of a woman, timid and fainting from the horrors of her situation, and under the licentious gaze of the crowd—yet, at the same time, bold in conscious innocence, and in the very teeth of the suspicions which beset her, winning ...
— The Uncollected Writings of Thomas de Quincey, Vol. 2 - With a Preface and Annotations by James Hogg • Thomas de Quincey
... had cleared his throat desperately and wiped his glasses carefully, at the look in the eyes of the young lawyer when they had rested on the defendant's wife, "hereafter our office will be the refuge for all ...
— David Dunne - A Romance of the Middle West • Belle Kanaris Maniates
... might pass. But how neglect To take her by the neck unto the pump And hold her till her wet and furious face Were once again worth kissing? Well—well—well! Neglect is proven. She shall have deserts: (To a Clerk) But—write, "Defendant keeps ...
— The Vigil of Venus and Other Poems by "Q" • Q
... 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. Fined ...
— Punch, or the London Charivari, Volume 1, Complete • Various
... 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
... affront that the judges of the court should presume to remonstrate to him, that it was the rule to hear the other side before they gave judgment. Curiosity to know what could be said in so clear a case, rather than any respect to their rules, made him defer his decision; but the defendant's counsel had scarcely begun to open his cause, when his majesty appeared greatly discomposed, and was so puzzled as they proceeded, that he had no patience to hear them out, but starting up in a passion, cried, "I'll hear nae mair! I'll hear nae mair! ye are a' ...
— The Book of Three Hundred Anecdotes - Historical, Literary, and Humorous—A New Selection • Various
... says, 'In the appeal to this awful criterion, the combatants, whether personally concerned, or appearing as champions, were understood, in martial law, to take on themselves the full risk of all consequences. And, as the defendant, or his champion, in case of being overcome, was subjected to the punishment proper to the crime of which he was accused, so the appellant, if vanquished, was, whether a principal or substitute, condemned ...
— Marmion • Sir Walter Scott
... leading 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, with ...
— A Life of William Shakespeare - with portraits and facsimiles • Sidney Lee
... arguments held solely on the hypothesis that, in the action brought by Austria against Serbia, no Power had the right to come forward as counsel for the defendant, or to interfere in the trial at all. This claim amounted to depriving Russia of her historic role in the Balkans. Carried to its logical conclusion, the theory meant condemning unheard every small State that should be unfortunate ...
— World's War Events, Vol. I • Various
... partake of two more of the latter's mince-pies, and on their return to the schoolroom found a crowd assembled round Acton, who, seated on the top of a small cupboard which always served as a judicial bench, was hearing a case in which Mugford was the defendant, while Jacobs and another boy named Cross ...
— The Triple Alliance • Harold Avery
... first count charged the defendant with publishing a libel, containing in one part thereof these words: "Then we are not to meddle with the subject of slavery in any manner; neither by appeals to the patriotism, by exhortation to humanity, by application of truth to the conscience. ...
— The Trial of Reuben Crandall, M.D. Charged with Publishing and Circulating Seditious and Incendiary Papers, &c. in the District of Columbia, with the Intent of Exciting Servile Insurrection. • Unknown
... question, 'Are these half-reclaimed savages my peers?' And if he did, Justice would sternly reply, 'Yes.' The witnesses will forswear themselves, not, like our 'posters,' for half a crown, but gratis, because the plaintiff or defendant is a fellow-tribesman. The judge may be 'touched with a tar-brush;' but, be he white as milk, he must pass judgment according to verdict. This state of things recalls to mind the Ireland of the early nineteenth century, ...
— To The Gold Coast for Gold, Vol. II - A Personal Narrative • Richard Francis Burton and Verney Lovett Cameron
... cause then before the court were thus conclusively disposed of, whether the decision be regarded as bearing on the main issue between the parties, or on the plea in abatement filed by the defendant, avowing that Scott was not a citizen of Missouri,—an averment, if true, fatal to his standing in the Federal court,—since its jurisdiction of the cause depended on the citizenship of the litigants. ...
— Atlantic Monthly, Vol. 4, No. 25, November, 1859 • Various
... of Verres were much more like an impeachment before the House of Commons than a calm judicial inquiry. The men who would have to try a defendant of his class would be, in very few cases, honest and impartial weighers of the evidence. Their large number (varying from fifty to seventy) weakened the sense of individual responsibility, and laid them more open ...
— Cicero - Ancient Classics for English Readers • Rev. W. Lucas Collins
... records of a seemingly compromising nature, such as the effects attributed to the eating or even the handling of celery; but such accounts, harrowing as they may appear, are insufficient to warrant a bar sinister. Indeed, not only is the mass of evidence in favor of the defendant, but it casts a reflection upon the credibility of the plaintiff, who may usually be shown to have indulged immoderately, to have been frightened by hallucinations or even to have arraigned the innocent for his own guilt. ...
— Culinary Herbs: Their Cultivation Harvesting Curing and Uses • M. G. Kains
... story may be briefly told. The Hon. Philip Martindale has an action brought against him, at the assizes, for the false imprisonment of one Richard Smith, as a poacher; although the object of the defendant was a beautiful girl residing with the defendant. Clara Rivolta is rudely cross-examined as a witness; whilst the plaintiff's case is conducted by Horatio Markham, an intelligent young barrister, whose parents reside ...
— The Mirror of Literature, Amusement, and Instruction, No. 360 - Vol. XIII. No. 360, Saturday, March 14, 1829 • Various
... 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
... "De recusantibus et aliis excommunicatis publice denunciandis." Cardwell, Syn., i, 156. Also Croke's Eliz. Rep., Leache's ed. (1790), i, Pt. ii, 838, where a plaintiff sues for damages because defendant, a curate, maliciously erased the original name in an instrument of excommunication and inserted plaintiff's name, "and read it in the church, whereupon he was inforced to be absent from divine service, and to be at the expence to procure a discharge ...
— The Elizabethan Parish in its Ecclesiastical and Financial Aspects • Sedley Lynch Ware
... declared that we, in this reasoning, made no request of the King of Portugal. And inasmuch as we were the defendant we neither wished to, nor ought we to have any desire to assume the duties of the plaintiff, because if the King wished anything from us for which he should petition us, we were quite ready to fulfil in entire good faith all the obligations of ...
— The Philippine Islands, 1493-1803 • Emma Helen Blair
... De Beze," the statement of the Histoire eccles. des eglises reformees, "that in the Parliament of Rouen, whatever the cause might be, whoever was known to be of the (reformed) religion, whether plaintiff or defendant, was instantly condemned." Yet he quotes below (ii. 571, 573, 574), from Chancellor de l'Hospital's speech to that parliament, statements that fully vindicate the justice of the censure. "Vous pensez bien faire d'adjuger la cause a celuy que vous estimez plus homme de bien ou meilleur chrestien; ...
— History of the Rise of the Huguenots - Volume 2 • Henry Baird
... wrongs or injuries, the praetor impanelled a jury, but the number of which it was to consist seems to have been left to his discretion. The jurors were called ju'dices, and the opinion of the majority decided the verdict. Where the votes were equal, the traverser or defendant escaped; and when half the jury assessed damages at one amount, and half at another, the defendant paid only the lesser sum. In disputes about property, the praetor seldom called for the ...
— Pinnock's Improved Edition of Dr. Goldsmith's History of Rome • Oliver Goldsmith
... 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
... skirts, as it were, with desperation. The exhausting efforts must be recommenced; it is the last struggle—a struggle which is more desperate in proportion as there is less strength to maintain it. In this case the defendant was not one of those who are easily cast down; he collected all his energy, all his courage, hoping to come victoriously out of the new combat which lay ...
— CELEBRATED CRIMES, COMPLETE - MARTIN GUERRE • ALEXANDRE DUMAS, PERE
... interest my American readers to add that a few years ago Count Willie Douglas was the defendant in an extraordinary lawsuit at Berlin which had an American end to it. It seems that some thirty years ago a man of the name of Brandt died in the United States, leaving a fortune of several millions of dollars. Having no near relatives in America, the ...
— The Secret Memoirs of the Courts of Europe: William II, Germany; Francis Joseph, Austria-Hungary, Volume I. (of 2) • Mme. La Marquise de Fontenoy
... fancied she had put on proof-armour, unconscious that it was the turning of the inward flutterer to steel, which supplied her cuirass and shield. The necessity to brave society, in the character of honest Defendant, caused but a momentary twitch of the nerves. Her heart beat regularly, like a serviceable clock; none of her faculties abandoned her save songfulness, and none belied her, excepting a disposition to tartness almost venomous in the sarcastic shafts ...
— The Shaving of Shagpat • George Meredith
... greatest scoundrel in Her Majesty's dominions simply because he is an evil and troublesome person, an English court of justice will certainly find that virtuous person guilty of murder. Nor will the verdict be affected by any evidence that the defendant acted from the best of motives, and, on the whole, did ...
— The Life and Letters of Thomas Henry Huxley Volume 1 • Leonard Huxley
... his sentiments regarding the prisoner are exactly the same as those entertained by myself. What these are I need hardly say. It is now a struggle between the authority of the Provisional Government and a horde of rebellious persons of which the defendant is the most dangerous. The eyes of our followers are upon us; and if we permit the authority of Government to be defied, its officers reviled, and insult heaped upon us, depend upon it we shall speedily ...
— Annette, The Metis Spy • Joseph Edmund Collins
... les hommes sanctifies par la penitence; et, quoique, destructeur des sacrifices, lacerateur des Saintes Ecritures, ennemi des brahmes, devorateur des hommes, cette faveur incomparable sauve de la mort Ravana le triste fleau des mondes. Il ose attaquer les rois, que defendant les chars de guerre, que remparent les elephants: d'autres blesses et mis en fuite, sont dissipes ca et la devant lui. Il a devore des saints, il a devore meme une foule d'apsaras. Sans cesse, dans son delire, il s'amuse a tourmenter les sept mondes. Comme ...
— The Ramayana • VALMIKI
... debt or damage amounting to 40s. were to be heard on both sides as in other courts, the verdict being given by a jury of twelve miners; but in lesser causes by the Constable of the Court. Provision was also made that "every defendant have twenty-four hours' notice to provide for his defence," every witness being allowed 12p. a-day, the fees of the Court remaining the same as before, all which, as well as the defendant's time, the plaintiff losing ...
— The Forest of Dean - An Historical and Descriptive Account • H. G. Nicholls
... 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
... Chase with quiet dignity voted to quash the indictment. Underwood with a vulgar stump speech to the crowd of negroes voted to hold the indictment good. The case was sent to the Supreme Court on this disagreement and the defendant ...
— The Victim - A romance of the Real Jefferson Davis • Thomas Dixon
... amounted to a great sum, enough to ruin any private person, except himself. This process is still depending, although very moderately pursued, either by the Queen's indulgence to one whom she had formerly so much trusted, or perhaps to be revived or slackened, according to the future demeanour of the defendant.[4] ...
— The Prose Works of Jonathan Swift, Vol. X. • Jonathan Swift
... at once over the Amphitryon with whom he dines, and the most captious member of his church or vestry. He has an immense advantage over all other public speakers. The platform orator is subject to the criticism of hisses and groans. Counsel for the plaintiff expects the retort of counsel for the defendant. The honorable gentleman on one side of the House is liable to have his facts and figures shown up by his honorable friend on the opposite side. Even the scientific or literary lecturer, if he is dull or incompetent, may see the best part of his audience ...
— The Essays of "George Eliot" - Complete • George Eliot
... Fitz-Thomas. When, therefore, that chronicler records that throughout Hervy's year of office he did not allow any pleading in the Husting for Pleas of Land except very rarely, for the reason that the mayor himself was defendant in a suit brought against him by Isabella Bukerel,(280) we hesitate to place implicit belief in his statement.(281) We are inclined, moreover, to give less credit to anything that Fitz-Thedmar may say against the mayor when we bear in ...
— London and the Kingdom - Volume I • Reginald R. Sharpe
... messenger for informing you of it, have all their fixed prices. Have you a lawsuit, the judge announces to you that so much has been offered by your opponent, and so much is expected from you, if you desire to win your cause. When you are the defendant against the Crown, the attorney or solicitor-general lets you know that such a douceur is requisite to procure such an issue. Even in criminal proceedings, not only honour, but life, may be saved by ...
— Marguerite de Navarre - Memoirs of Marguerite de Valois Queen of Navarre • Marguerite de Navarre
... enough so that they will not only allow him to think, but will demand that he shall think, and give to them the honest truth of his thought. As it is now, ministers are employed like attorneys—for the plaintiff or the defendant. If a few people know of a young man in the neighborhood maybe who has not a good constitution,—he may not be healthy enough to be wicked—a young man who has shown no decided talent—it occurs to them to make him ...
— Lectures of Col. R. G. Ingersoll, Volume I • Robert Green Ingersoll
... plaintiff's shrieks, The ruffianly defendant speaks— Upon the other side; What he may say you needn't mind— From bias free of every kind, This trial must ...
— Bab Ballads and Savoy Songs • W. S. Gilbert
... entrance to the infernal regions. Truly there is no hope for those who enter here. Both sides are squeezed by the gate-keeper —a very lucrative post in all yamens—before they are allowed to present their petitions. It then becomes necessary for plaintiff and defendant alike to go through the process of (in Peking slang) "making a slit," i.e., making a present of money to the magistrate and his subordinates proportionate to the interests involved. In many yamens there is a regular scale of charges, answering to our Table ...
— Chinese Sketches • Herbert A. Giles
... himself, in Norman eyes, yet more thoroughly in the wrong. For the challenge was one which Harold could not but refuse. William looked on himself as one who claimed his own from one who wrongfully kept him out of it. He was plaintiff in a suit in which Harold was defendant; that plaintiff and defendant were both accompanied by armies was an accident for which the defendant, who had refused all peaceful means of settlement, was to blame. But Harold and his people could not look on the matter as a mere question between ...
— William the Conqueror • E. A. Freeman
... 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, ...
— The Calico Cat • Charles Miner Thompson
... 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
... the position was hopeless. Anselm's longing had been to labour with the King, as Lanfranc had laboured, to promote religion in the country, and he had been frustrated at every turn. The summons to the King's Court was the last straw, for the defendant in this Court was entirely at the mercy of the Crown. "When, in Anglo-Norman times you speak of the King's Court, it is only a phrase for the King's despotism."[6] Anselm took no notice of the King's summons, and decided to appeal to Rome. For a time ...
— The Rise of the Democracy • Joseph Clayton
... two later then was appointed. But coming at last, one half of the time that can be spent, is little enough to make Mr. Counsellor understand in what state the cause stood at the last meeting. And then having heard what the Plaintif and Defendant do say, he only tells them, I must have clearer evidences, the accounts better adjusted, and your demand in writing, before I can make any decision of this cause to ...
— The Ten Pleasures of Marriage and The Confession of the New-married Couple (1682) • A. Marsh
... 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
... occasionally. He, however, talked of it, and said, 'I am of opinion that positive proof of fraud should not be required of the plaintiff, but that the Judges should decide according as probability shall appear to preponderate, granting to the defendant the presumption of filiation to be strong in his favour. And I think too, that a good deal of weight should be allowed to the dying declarations, because they were spontaneous. There is a great difference between what is said without our being urged ...
— Life Of Johnson, Vol. 2 • Boswell, Edited by Birkbeck Hill
... of which the defendant had no notice!" exclaimed Sir John. "My Lord Abbot, this is not justice; it is roguery that I will never bear. Did you ...
— The Lady Of Blossholme • H. Rider Haggard
... plaintiff, prisoner, and witness was sworn impressively, though no Bible was used; which reminded me that in Hongkong I saw a defendant refuse to handle a Bible in court, and when the irate English judge demanded his reasons, calmly replied that the witness who had just laid down the book had the plague, and it was ...
— White Shadows in the South Seas • Frederick O'Brien
... the case," the judge was saying, "is that the defendant, Wilbur Whately, of Sam Houston Continent, is here charged with divers offenses arising from the death of the Honorable S. Austin Maverick, whom he killed on the front steps of the Legislative Assembly Building, here ...
— Lone Star Planet • Henry Beam Piper and John Joseph McGuire
... 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
... heads by stooping to make imputations as to men whose services to the country should put them above reach of anything of the kind. Within the last few months two of the leaders of Sinn Fein appeared, in the course of a few weeks—the one as plaintiff, the other as defendant—represented by a Tory counsel, in the Four Courts in Dublin, before a member of a foreign judiciary, which on their fundamental axiom should be taboo. The reason is to be found, perhaps, in the fact that they have not yet ...
— Ireland and the Home Rule Movement • Michael F. J. McDonnell
... Angelo's trial came. Upon the bench the Honorable Mr. Justice Babson glowered down upon the cowering defendant flanked by his distinguished counsel, Tutt & Tutt, and upon the two hundred good and true talesmen who, "all other business laid aside," had been dragged from the comfort of their homes and the important affairs of their various livelihoods to pass upon the merits of the issue duly joined ...
— Tutt and Mr. Tutt • Arthur Train
... 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 of the Federal laws which ...
— Our Government: Local, State, and National: Idaho Edition • J.A. James
... until well on into the night, the decision of the tribunal. The defendant appeared animated by hope. She had become a woman again: she was talking placidly with him and smiling at the gendarmes and eulogizing the army.... "Frenchmen, gentlemen, were incapable of ...
— Mare Nostrum (Our Sea) - A Novel • Vicente Blasco Ibanez
... Charlestown, who was indicted for embezzling the funds of the bank. This was one of the causes celebres of the day. Wyman had been a business man of high standing. Such offences were rare in those days, and the case would have attracted great attention whoever had been for the defence. But the defendant's counsel were Daniel Webster, Rufus Choate, Franklin Dexter, and my brother, E. R. Hoar, a young man lately admitted to the bar. Mr. Webster, notwithstanding his great fame as a statesman, is said never to have lost his eager interest in causes ...
— Autobiography of Seventy Years, Vol. 1-2 • George Hoar
... the offenders life lies in the mercy Of the Duke onely, gainst all other voice. In which predicament I say thou standst: For it appeares by manifest proceeding, That indirectly, and directly to, Thou hast contriu'd against the very life Of the defendant: and thou hast incur'd The danger formerly by me rehearst. Downe therefore, and ...
— The First Folio [35 Plays] • William Shakespeare
... and for information, if any person could give any, concerning the misdemeanour and offence whereof the defendant stood impeached; and the defendant was bid to look to his challenges, and the Jury, being gentlemen of the county of Bucks, ...
— London Pride - Or When the World Was Younger • M. E. Braddon
... Cicero conducted a defence when the cause was not so grave or so desperate is well illustrated by a speech delivered four years later, the Pro Archia. The case here was one of contested citizenship. The defendant, one of the Greek men of letters who lived in great numbers at Rome, had been for years intimate with the literary circle among the Roman aristocracy. This intimacy gained him the privilege of being defended by the first of Roman orators, who would hardly, in ...
— Latin Literature • J. W. Mackail
... [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
... of his exordium, after dwelling upon the great importance of the inquiry in which they were engaged, and disclaiming for himself and his brother-managers any feeling of personal malice against the defendant, or any motive but that of retrieving the honor of the British name in India, and bringing down punishment upon those whose inhumanity and injustice had disgraced it,—he thus proceeds to conciliate the Court by a warm tribute to ...
— Memoirs of the Life of Rt. Hon. Richard Brinsley Sheridan Vol 2 • Thomas Moore
... of, and admitted to be correct by the other party, as is commonly the case with the "pass-books" employed backwards and forwards between bakers, butchers, and the like domestic traders, and their customers. The defendant may, however, compel the tradesman to produce his books to show entries adverse to his ...
— The Book of Household Management • Mrs. Isabella Beeton
... existence." A court of law, as our former Assistant Attorney General of the United States surely knows, compels no one to give testimony that tends to incriminate, and, furthermore, does not construe failure to testify on the grounds that it will tend to incriminate against the defendant. In the law the defendant is entitled to every reasonable doubt. It is also conceivable that a reasonable time for the defense to present its case would ...
— The New York Times Current History of the European War, Vol. 1, January 9, 1915 - What Americans Say to Europe • Various
... notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if the work carries a proper notice, the court will not *give any weight to a defendant's interposition of an innocent infringement defense*—that is, that he or she did not realize that the work was protected. An innocent infringement defense may result in a reduction in damages that the copyright owner ...
— Supplementary Copyright Statutes • Library of Congress. Copyright Office.
... plainly that Gibson authorized the publication of the statement that he was leaving Los Angeles to search for "Gink" Cummings and did not intend returning until he brought Cummings back with him to face trial for the murder of Murphy, as co-defendant with "Slim" Gray and his two "bashers." John explained to P. Q. that he had given his word of honor that he would print nothing but the brief announcement. With the city editor's consent he omitted mentioning where he had met Gibson and under what circumstances Gibson had talked ...
— Spring Street - A Story of Los Angeles • James H. Richardson
... shulde fyghten in certeyn poynts of armes, that is to seye, with ax, swerd, and daggere; and or thei hadde do with the polax the kyng cried, hoo.[126] Also moreover in the same yere was a fightyng at the Tothill betwen too thefes, a pelour and a defendant, and the pelour hadde the feld and victory of the defendant withinne thre strokes. Also in this yere was the duke of Orlyons delyvered out of preson, and sworn to the kyng and othere certeyn lordes that that tyme were there present, that he shulde nevere ...
— A Chronicle of London from 1089 to 1483 • Anonymous
... they read the local events, then the court proceedings, and, if in the police court it reports that the defendant or plaintiff is a merchant, then Aristid Kuvalda sincerely rejoices. If someone has robbed the merchant, "That is good," says he. "Only it is a pity they robbed him of so little." If his horses have broken down, "It is sad that he is still alive." If the merchant has lost ...
— Creatures That Once Were Men • Maxim Gorky
... sensibilities to such a pitch as to declare, that, though his client asked only for one hundred dollars, he considered the jury bound in conscience to give him two. The Doctor afterwards told me that he had walked eighty miles to act as counsel in this court. A tailor argued stoutly for the defendant, but with little success; his client was ...
— Journal of an African Cruiser • Horatio Bridge
... innumerable old people have died out of it. Scores of persons have deliriously found themselves made parties in Jarndyce and Jarndyce without knowing how or why; whole families have inherited legendary hatreds with the suit. The little plaintiff or defendant who was promised a new rocking-horse when Jarndyce and Jarndyce should be settled has grown up, possessed himself of a real horse, and trotted away into the other world. Fair wards of court have faded into mothers and grandmothers; ...
— Bleak House • Charles Dickens
... opened. Those Greenlanders who had quarrelled stepped forward, and the offended person chanted forth the faults of his adversary in an extempore song, turning them sharply into ridicule, to the sound of the pipe and the measure of the dance. The defendant replied with satire as keen, while the audience laughed, and gave their verdict. The rocks heaved, the glaciers melted, and great masses of ice and snow came crashing down, shivering to fragments as they fell: it was a glorious Greenland summer night. A hundred paces away, ...
— What the Moon Saw: and Other Tales • Hans Christian Andersen
... detectives and policemen, endeavoured to find out the cause, but with no success. The witnesses in the case were closely cross-examined, but without shaking their testimony. The facts appeared to be proved, so the jury found for Kiernan, the defendant. At least twenty persons had testified on oath to the fact that the house had been ...
— True Irish Ghost Stories • St John D Seymour
... done for the screening of his own guilt: for a man may use a legal power corruptly, and for the most shameful and detestable purposes. And thus matters continued, till he commenced a criminal prosecution against this man,—this man whom he dared not meet as a defendant. ...
— The Works of the Right Honourable Edmund Burke, Vol. X. (of 12) • Edmund Burke
... said the judge, "is very well put. Following it logically, I sentence the defendant's arm to one year's imprisonment. He can accompany it or ...
— Toaster's Handbook - Jokes, Stories, and Quotations • Peggy Edmund & Harold W. Williams, compilers
... interrupted him. "Please confine yourself to statements which you consider disloyal, made in your presence by the defendant." While the witness proceeded, the judge took off his glasses and laid them on the desk and began to polish the lenses with a silk handkerchief, trying them, and rubbing them again, as if he desired to ...
— One of Ours • Willa Cather
... with his vizier for a moment, and then, turning towards the luckless Figgins, who found himself changed from the plaintiff into the defendant, he said ...
— Jack Harkaway's Boy Tinker Among The Turks - Book Number Fifteen in the Jack Harkaway Series • Bracebridge Hemyng
... income from their practice. In the course of litigation which afterward follows, the courts pronounced that they did not find in her course of instruction anything which could be "in any way of value in fitting the defendant as a competent and successful practitioner of any intelligible art or method of healing the sick." The court, therefore, was of the opinion that "consideration for the agreement had wholly failed." In a sense the court was ...
— Modern Religious Cults and Movements • Gaius Glenn Atkins
... one of the midshipmen—a serious act of insubordination, which, according to the laws then in force, entailed corporal punishment on its perpetrator. I immediately called a court-martial, which, having heard witnesses and defendant, according to regulations, sentenced the man to a certain number of strokes with the rope's end. The hour for carrying out the sentence came, the crew was mustered, the officers in their places and under arms. I was in my cabin, ...
— Memoirs • Prince De Joinville
... are like tirades from a tragedy of Racine. But here Dryden's rhetorical habit and his fondness for reasoning in rime run away with him, and make his art inferior to Boccaccio's. Sigismonda argues her case like counsel for the defendant. She even enjoys her own argument and carries it out with ...
— A History of English Romanticism in the Nineteenth Century • Henry A. Beers
... Christian the privilege, when within the territories of a pagan State, of being tried for penal offences by Christian judges. In civil cases the jurisdiction is divided, the question at issue being adjudicated by a tribunal of the defendant's nationality; but in criminal cases jurisdiction is wholly reserved. Therefore powers making treaties with Oriental nations establish within the latter's borders consular courts which exercise what is called "extraterritorial ...
— A History of the Japanese People - From the Earliest Times to the End of the Meiji Era • Frank Brinkley and Dairoku Kikuchi
... by it. Torcy had orders from the King to go, and see her: he did so; and from that moment Madame des Ursins changed her tone. Until then her manner had been modest, supplicating, nearly timid. She now saw and heard so much that from defendant, which she had intended to be, she thought herself in a condition to become accuser; and to demand justice of those who, abusing the confidence of the King, had drawn upon her such a long and cruel ...
— The Memoirs of Louis XIV., His Court and The Regency, Complete • Duc de Saint-Simon
... 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 as ...
— The Quadroon - Adventures in the Far West • Mayne Reid
... case, and who, after citing innumerable laws and reading twenty pages of incomprehensible judicial Latin, made an offer to the litigants to throw dice; if an even number fell then the plaintiff was right; if an odd number the defendant ...
— The Awakening - The Resurrection • Leo Nikoleyevich Tolstoy
... to be opposed to Scarlett in a case of libel, where the latter was for the defendant. "Of all men else at the bar, I know of no one whom I so much wish to encounter," said Gradus. His irritable temper, negligence in reading his briefs, and consummate ignorance{2} in any thing beyond term-reports, renders him an easy conquest to a quiet, learned, and comprehensive ...
— The English Spy • Bernard Blackmantle
... certain acts or make certain sacrifices, in case of the fulfilment of his desire. The whole proceeding is strictly legal: from the moment when he makes his vow the man is voti reus, in the same position, that is, as the defendant in a case whose decision is still pending; as soon as the gods have accomplished their side of the contract he is voti damnatus, condemned, as it were, to damages, having lost his suit; nor does he recover his independence ...
— The Religion of Ancient Rome • Cyril Bailey
... the following anecdote was circulated of Mr. Justice Lawrence. A cause had been tried before him at York, in which he had summed up to the jury to find a verdict for the defendant, which they accordingly did. On further consideration, it appeared to him that he had mistaken the law. A verdict having been recorded against the plaintiff, he had no redress; but it was said, that Mr. Justice Lawrence left him by his will a sum sufficient to indemnify ...
— The Mirror of Literature, Amusement, and Instruction, Vol. 20, - Issue 573, October 27, 1832 • Various
... amid the plaintiff's shrieks, The ruffianly defendant speaks— Upon the other side; What he may say you needn't mind— From bias free of every kind, This trial must ...
— Bab Ballads and Savoy Songs • W. S. Gilbert
... Means, have the goodness to tell us what you know of the robbery at the house of Peter Schroeder, and the part defendant had ...
— The Hoosier Schoolmaster - A Story of Backwoods Life in Indiana • Edward Eggleston
... that a culprit should be denied a sight of his indictment? Often an unhappy prisoner had not known of what he was accused till he had held up his hand at the bar. The crime imputed to him might be plotting to shoot the King; it might be plotting to poison the King. The more innocent the defendant was, the less likely he was to guess the nature of the charge on which he was to be tried; and how could he have evidence ready to rebut a charge the nature of which he could not guess? The Crown had power to compel the attendance of witnesses. The prisoner had ...
— The History of England from the Accession of James II. - Volume 4 (of 5) • Thomas Babington Macaulay
... domestic interest in this discourse; for my brother, the Sieur de Mattecoulom, was at Rome asked by a gentleman with whom he had no great acquaintance, and who was a defendant challenged by another, to be his second; in this duel he found himself matched with a gentleman much better known to him. (I would fain have an explanation of these rules of honour, which so often shock and confound those of reason.) After having despatched ...
— The Essays of Montaigne, Complete • Michel de Montaigne
... 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
... constitution may be gradually weakened and finally destroyed. This duty of the courts was declared in the case of Boyd v. United States, 116 U. S. 616 at page 641—where in refusing effect to a statute requiring the production of his books and papers by a defendant in proceedings for forfeiture, the court said: "Though the proceeding in question is devested of the aggravating effects of actual search and seizure, yet it contains their substance and essence, and effects ...
— Concerning Justice • Lucilius A. Emery
... Esq., and Richard, Earl of Anglesey, before the Right Honorable the Lord Chief Justice and other Barons of the Exchequer, commenced on the 11th November, 1743, and was continued for thirteen days. The defendant's counsel examined an immense number of witnesses in an attempt to prove that Annesley was the illegitimate son of the late Baron Altham. The Jury found for the plaintiff; but it did not prove sufficient to recover his title and estates: for his uncle 'had recourse to every device ...
— Memoirs of the Life of Sir Walter Scott, Volume V (of 10) • John Gibson Lockhart
... Yahweh seems to hold a certain primacy among them.[21] Satan also appears to prosecute (so to speak) the High Priest before the divine tribunal.[22] Similarly in Job the bne Elohim, sons of God, appear as attendants of God, and amongst them Satan, still in his role of public prosecutor, the defendant being Job.[23] Occasional references to "angels" occur in the Psalter;[24] they appear as ...
— Encyclopaedia Britannica, 11th Edition, Volume 2, Part 1, Slice 1 • Various
... men, added Hiram, with an air equally balanced between doubt and assurance, but which judge Temple understood to mean certainty; I some think that I am appointed a referee in the case myself; Jotham as much as told me that he should take me. The defendant, I guess, means to take Captain Hollister, and we two have partly agreed on Squire Jones for the ...
— The Pioneers • James Fenimore Cooper
... proceedings of the courts of law ought to give a fuller account of an action for a hundred thousand pounds, than of an action for fifty pounds. For a cause in which a large sum is at stake may be important only to the particular plaintiff and the particular defendant. A cause, on the other hand, in which a small sum is at stake, may establish some great principle interesting to half the families in the kingdom. The case is exactly the same with that class of subjects of which historians treat. To an Athenian, in the time of the Peloponnesian war, the result ...
— Critical and Historical Essays Volume 1 • Thomas Babington Macaulay
... avoid all manner of hard-voiced enthusiasm. Paradoxically, however, Collins searched with a zealot's avidity for any controversy which would either assert his faith or test his disbelief. When once he found his engagement, he revelled in it, whether as the aggressor or the harassed defendant. For example, in the "Preface" to the Scheme of Literal Prophecy Considered he boastfully enumerated all the works—some twenty-nine—which had repudiated his earlier Discourse on the Grounds and Reasons of the Christian ...
— A Discourse Concerning Ridicule and Irony in Writing (1729) • Anthony Collins
... against him, and the case admitted to trial within a short period, with obligation for publication and conclusion; and within the probatory limit the testimonies given in the preliminary process shall be verified, other new ones received, if there be any, and the defendant's plea taken. The time having expired, the case shall be decided. If any of the parties shall appeal, the original process shall be sent to the Audiencia; because in this way the said natives will avoid heavy expense and cost, and the cases will ...
— The Philippine Islands, 1493-1898 - Volume XI, 1599-1602 • Various
... to bed, he posted the letter and sat down to wait with the anxiety of a defendant who has seen the jury locked into its ...
— The Tyranny of Weakness • Charles Neville Buck
... justice. "The only evidence, in this long examination, which has been brought against the prisoner, is, that the bag was found in his state-room. It has been shown, conclusively, that he did not place it there, and probably did not cause it to be placed there. The defendant is discharged." And Squire Saunders rose from his seat ...
— Freaks of Fortune - or, Half Round the World • Oliver Optic
... 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 ...
— The Witch of Salem - or Credulity Run Mad • John R. Musick
... the privy coffer of the state; And the offender's life lies in the mercy Of the duke only, 'gainst all other voice. In which predicament, I say, thou stand'st; For it appears, by manifest proceeding, That indirectly and directly too Thou hast contrived against the very life Of the defendant; and thou hast incurr'd The danger formerly by me rehearsed. Down, therefore, and ...
— MacMillan's Reading Books - Book V • Anonymous
... to-day and away tomorrow. But you can't say that of the Yancys. They air an old family in the country, and naturally this co't feels obliged to accept a Yancy's word before the word of a stranger. And in view of the fact that the defendant did not seek litigation, but was perfectly satisfied to let matters rest where they was, it is right and just that all costs should ...
— The Prodigal Judge • Vaughan Kester
... remark closed 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 ...
— For Treasure Bound • Harry Collingwood
... constant means of observing Lincoln as a lawyer. I was at times associated with him as a junior counsel in the trial of law suits. I was employed in a murder case which Lincoln and Logan were defending, I being the boy lawyer in the case. They made a wonderful defence. I do not know whether the defendant was guilty or not, but I do know ...
— Fifty Years of Public Service • Shelby M. Cullom
... where indeed his talents were being decidedly wasted. Thumb-nail artists and expert kodak manipulators were retained at extravagant salaries, and special dress reporters were in high demand. An enterprising Paris firm of costume builders presented the defendant Duchess with three special creations, to be worn, marked, learned, and extensively reported at various critical stages of the trial; and as for the cinematograph agents, their industry and persistence was untiring. Films representing the Duke saying good- bye to ...
— Beasts and Super-Beasts • Saki
... life he fought with the nobles of the new type, extravagant and elegant. He "barked" especially at the Scipios, accusing them of embezzling state moneys. In turn he was forty-four times made defendant in court, but was ...
— History Of Ancient Civilization • Charles Seignobos
... with "murder and sudden death." Several times they got out an injunction upon him, and several times sued him for slander. One of their complaints charged, with ludicrous hypocrisy, that the defendant, "with malicious intent, stood round the door uttering slanderous charges against the good name, fame, and credit of the defendant," just as foolish old lawyers used to argue that "the greater the truth the greater the libel." Sometimes they argued ...
— The Humbugs of the World • P. T. Barnum
... 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 ...
— Dark Hollow • Anna Katharine Green
... (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 ...
— Studies in the Psychology of Sex, Volume 3 (of 6) • Havelock Ellis
... which flowed from the technical construction put upon the situation were these: In reality Sir Charles Dilke was the defendant on trial for his political life and his personal honour. Yet although Sir Henry James and Sir Charles Russell were there in court ready briefed, neither was allowed to speak. Dilke's case against ...
— The Life of the Rt. Hon. Sir Charles W. Dilke, Vol. 2 • Stephen Gwynn
... given in Lord Birkenhead's Famous Trials is the Speech for the Prosecution. Mrs. Cecil Chesterton's chapter is an impressionist sketch of the court scene by a friend of the defendant. What was wanted was an impartial account, but I tried in vain to write it. The chronology of events, the connection between the Government Commission and the Libel Case, the connection between the English ...
— Gilbert Keith Chesterton • Maisie Ward
... the transcripts of a trial on ship, during which two conflicting stories of an incident had been told by witnesses, and a third by the defendant. How could one judge on something like that? And yet he had been ...
— But, I Don't Think • Gordon Randall Garrett
... the evidence of the harpooner, and neither cross-examination nor re-cross-examination by Mr Tooth, the counsel for the defendant, could induce Tim Rokens to modify, alter, omit, or contradict one iota of ...
— The Red Eric • R.M. Ballantyne
... necessary." President Adams had, indeed, refrained from using the power so lavishly given him; but rash subordinates listened to the dictate of unwise party leaders. The ridiculous character of these prosecutions is illustrated by a fine of one hundred dollars because one defendant wished that the wadding used in a salute to John Adams had lodged in the ample part of the ...
— A Political History of the State of New York, Volumes 1-3 • DeAlva Stanwood Alexander
... England charters. Such a procedure not being provided for in the Massachusetts document, the General Court, backed by the citizens almost to a man, successfully prevented complainants from appearing before the commission. The commissioners having summoned the colony as defendant in a certain case, a herald trumpeted proclamation through the streets, on the morning set for the trial, inhibiting all from aiding their designs. The trial collapsed, and the gentlemen who had ordered it, baffled and disgusted, moved on to New Hampshire, there ...
— History of the United States, Vol. I (of VI) • E. Benjamin Andrews
... of the suit was a quarrel among the trustees over the division of the plunder. One of the trustees refused to permit another access to the books. Judge Ingersoll issued an injunction restraining the defendant trustees from withholding such books and papers.] The result of this system is that here comes a man—as old Vanderbilt seems to be—I never saw him, but his operations have excited my admiration—and he ...
— Great Fortunes from Railroads • Gustavus Myers
... consideration the memorials of Francis H. Nicoll and John Conard, the latter marshal of the eastern district of Pennsylvania, praying for the interposition and aid of Congress in the discharge of a judgment recovered against him by the said Nicoll, alleging, as defendant in the suit, that he was the mere organ of the United States, and acted by and under the instructions ...
— A Compilation of the Messages and Papers of the Presidents, - Vol. 2, Part 3, Andrew Jackson, 1st term • Edited by James D. Richardson
... nature of the case," the judge was saying, "is that the defendant, Wilbur Whately, of Sam Houston Continent, is here charged with divers offenses arising from the death of the Honorable S. Austin Maverick, whom he killed on the front steps of the Legislative Assembly ...
— Lone Star Planet • Henry Beam Piper and John Joseph McGuire
... law, of an enemy of his father, who was dead. Cato took him by the hand and said, "Thus ought men to honour their parents when they die, not with the blood of lambs and kids, but with the tears and condemnation of their enemies." He himself is said to have been the defendant in nearly fifty actions, the last of which was tried when he was eighty-six years of age: on which occasion he uttered that well-known saying, that it was hard for a man who had lived in one generation to be obliged ...
— Plutarch's Lives, Volume II • Aubrey Stewart & George Long
... Sergeant Buzfuz, "do you recollect anything particular happening on the morning when you were first engaged by the defendant?" ...
— The World's Greatest Books, Vol III • Arthur Mee and J.A. Hammerton, Eds.
... was studied at the request of a judge who had continued the trial because of the manifest mental peculiarities of the defendant. We were told that his behavior varied much, that one day he would cry and apologize, and on another would show stupid bravado. As the judge stated, John had long been in disciplinary institutions and this had failed to do any good. The immediately peculiar features of the case ...
— Pathology of Lying, Etc. • William and Mary Healy
... To take her by the neck unto the pump And hold her till her wet and furious face Were once again worth kissing? Well—well—well! Neglect is proven. She shall have deserts: (To a Clerk) But—write, "Defendant keeps ...
— The Vigil of Venus and Other Poems by "Q" • Q
... 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
... them; and, by his order, they took their places without the lists, and the trumpet sounded for the challenger. It was answered by the defendant, who soon after appeared, attended by three gentlemen his friends, with each one servant, beside ...
— The Old English Baron • Clara Reeve
... a complete misunderstanding. The whole business of the fleur-de-lys on Mrs. Bardell's shoulder is a sheer interpolation and should be expunged, not only on grounds of morality, but because when you reach the actual trial, 'Bardell v. Pickwick,' you will find this discovery of the defendant's impossible either to ignore or to reconcile with the jury's verdict. Against the intervention of Richelieu (Mr. Nupkins) I have nothing to urge. M. D—' opines that I shall in the end deal out poetical justice to Mrs. Bardell as Milady. ...
— From a Cornish Window - A New Edition • Arthur Thomas Quiller-Couch
... 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 him his constable, and, pulling out of his breeches pocket a huge jack-knife, dispatched it after the defendant, as a summons, accompanied by his tobacco-box ...
— Journeys Through Bookland, Vol. 8 • Charles H. Sylvester
... 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 conspiracy ...
— Annette, The Metis Spy • Joseph Edmund Collins
... deep silence prevailed, broken only by the voice of the government officer, who briefly stated an outline of the facts, to wit: "That murder and robbery had been committed; that a young man was seen hastily leaving the spot upon which the crime was committed; that the appearance of the defendant was precisely that of the person thus seen; said he should not enter into an examination of the previous character of the prisoner, giving as a reason that a man may live long as a person of unquestionable character, and after all yield to some strong temptation and fall ...
— Town and Country, or, Life at Home and Abroad • John S. Adams
... Amelia Ellen, toasting fork in hand, watching the sweet blue eyes and the tear-stained face that resembled a drenched pink bud after a storm, loved Hazel Radcliffe. Come weal, come woe, Amelia Ellen was from henceforth her staunch admirer and defendant. ...
— The Man of the Desert • Grace Livingston Hill
... 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 ...
— A Life of William Shakespeare - with portraits and facsimiles • Sidney Lee
... St. Breock Church. But the demons were not so ready to give up what they felt was their lawful prey. An important lawsuit occurred shortly after his death, and as the judge was about to give his decision against the unjustly accused defendant, to the horror of all in court, the gaunt figure of the dead Tregeagle stalked into the room. ...
— Legend Land, Vol. 1 • Various
... summons to the defendant, ordering him to file his answer with the secretary of the senate by a ...
— Studies in Civics • James T. McCleary
... 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, ...
— Chapters in the History of the Insane in the British Isles • Daniel Hack Tuke
... and of the dead Pegleg's white-eyed nephew. In the early afternoon they came back, a wooden toothpick in each mouth, from the new hotel where they had just had a most satisfying fifty-cent dinner at the expense of the commonwealth, and sentenced the defendant, Anderson Dugmore, to state prison at hard labor for the balance of ...
— The Escape of Mr. Trimm - His Plight and other Plights • Irvin S. Cobb
... When the defendant was called upon to plead he claimed that his case was covered by the terms of Johnston's surrender, and furthermore, that the country now being at peace, he could not be lawfully tried by a court-martial. These objections being overruled, he entered a plea ...
— Andersonville, complete • John McElroy
... "Oh-doc-tor.'' A witness who has been subjected to a prolonged and fatiguing examination falls into a similar condition and knows at the end much less than at the beginning. Finally, he altogether misunderstands the questions put to him. The situation becomes still worse when the defendant has been so subjected to examination, and becomes involved, because of fatigue, etc., in the famous "contradictions.'' If "convincing contradictions'' occur at the end of a long examination of a witness or a defendant, it is well to find out how long the examination took. If it took much ...
— Robin Hood • J. Walker McSpadden
... information was 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. Fined L5 ...
— Punch, or the London Charivari, Volume 1, Complete • Various
... matter. Because the day was hot, the Judge wore a gray silk coat, without a vest, and because the matter was unimportant, no newspaper reporters were called in. The matter in hand was highly informal. The Judge, tilted back in his easy chair, toyed with his silken mustache, while counsel for defendant, standing by the desk before which the Judge's chair was swinging, handled the papers representing the defendant's answer, to the plaintiff's pleadings. The plaintiff herself, dressed in rather higher sleeves than would have been ...
— In the Heart of a Fool • William Allen White
... Comes to the priuie coffer of the State, And the offenders life lies in the mercy Of the Duke onely, gainst all other voice. In which predicament I say thou standst: For it appeares by manifest proceeding, That indirectly, and directly to, Thou hast contriu'd against the very life Of the defendant: and thou hast incur'd The danger formerly by me rehearst. Downe therefore, and beg mercy ...
— The First Folio [35 Plays] • William Shakespeare
... a new sight on the cuspidor, "I don't belong to any lodges whatsoever. They're a handicap. Because if the defendant is a Mason and you are a Elk he would rather have a brother Mason be juror than a strange Elk. So I don't belong to any of them and I don't go to church. I also have no convictions whatsoever about politics and have no favorites of any kind in the matter ...
— A Thousand and One Afternoons in Chicago • Ben Hecht
... Sir Oliver Vyell, baronet, plaintiff, and the lady of the late Sir Thomas, defendant, was tried in the Court of King's Bench by a special jury. The subject of the litigation was a will of Sir Thomas, suspected to be made when he was not of sound mind; and it appeared that he had made three—one in 1741, another in 1744, and a third in ...
— Lady Good-for-Nothing • A. T. Quiller-Couch
... been most sharply brought to public attention is the larger legal significance of the Indian's induction into citizenship. This has made itself manifest not only in a great access of litigation in which the citizen Indian figures as a party defendant and in a more widespread disposition to levy local taxation upon his personalty, but in a decision of the United States Supreme Court which struck away the main prop on which has hitherto rested the Government's benevolent effort ...
— Complete State of the Union Addresses from 1790 to the Present • Various
... the presence of a crowded assembly, among whom it was easy to discern that general conviction of the prisoner's guilt so chilling to the spirits of a defendant and his counsel, and so much deprecated by the latter, because he knows too well how far it goes toward a prejudgment of his cause. Several of the most prominent members of the bar had been retained by the family of Mrs. Wilde to assist the State's attorney in the prosecution. In the defence ...
— Atlantic Monthly, Volume 8, No. 48, October, 1861 • Various
... to be accused of 'treason' was in these days to win public sympathy, even though the defendant were guilty of offences ...
— Tacitus: The Histories, Volumes I and II • Caius Cornelius Tacitus
... entitled in the same kind of succession, though related in different degrees to the deceased, in order to save the creditors of the estate from delay in their suits, and to provide them with a proper defendant to sue; and with the object also of making it less easy for them to obtain possession of the property of the deceased, as in bankruptcy, wherein they consulted their own advantage only. He allowed ...
— The Institutes of Justinian • Caesar Flavius Justinian
... until 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 very simple, ...
— The Book of the Bush • George Dunderdale
... 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 ...
— The History of England in Three Volumes, Vol.II. - From William and Mary to George II. • Tobias Smollett
... would put it to any who has practiced law in the courts of this country; let him stand before a jury composed only of men, let the case be tried only by men; let all the witnesses be men; and the plaintiff or the defendant be a woman, and if you choose to add to that, even more unprotected than women generally are, a widow or an orphan, and does not every one recognize the difficulty, not to find protection for her rights, but the difficulty to induce ...
— History of Woman Suffrage, Volume II • Elizabeth Cady Stanton, Susan B. Anthony, and Matilda Joslyn Gage
... judge, in unbounded astonishment. "It was raving madness in you to refuse the plaintiff's brief; but to accept the defendant's—" ...
— Ishmael - In the Depths • Mrs. E. D. E. N. Southworth
... fair 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 ...
— Reproduction of Copyrighted Works By Educators and Librarians • Library of Congress. Copyright Office.
... 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
... specified in the indictment, was so widely gossiped about as being connected with the case that he asked to be heard and swore positively that there had been no improper relations between himself and the defendant. Two of the Judges on Appeal—Lord Penzance and Mr. Justice Keating—agreed with the jury's verdict that Lady Mordaunt was insane, while Chief Baron Kelly differed. The woman in the case was for years afterwards confined in a lunatic asylum, and it has ...
— The Life of King Edward VII - with a sketch of the career of King George V • J. Castell Hopkins
... devoted to the bulletin of the health, or the history of the travels, of the "gallant officer" who last deliberately shot his friend in a duel; or the piquant details of the last crim. con., with the extraordinary disclosures expected to be made by the "noble defendant." Society has no sympathy with vices to which it has no temptation; it might have done foolish things in its day, but has long ago seen the folly of them. So we make a graceful acknowledgment of having been wrong once, for the ...
— Blackwood's Edinburgh Magazine, Volume 58, Number 358, August 1845 • Various
... was immediately in full swing. Plaintiff and defendant were equally adjured to state, point by point, and without both speaking at once, how the affair took place, and in ...
— The Talking Beasts • Various
... adjudged a Lothario of the wickeder sort, a purposed betrayer of hearts and destinies. 'If, as the complainant in this melancholy case avers,' or 'If, as the depositions already filed would appear to indicate,' the defendant was an unlimited rascal; and if that were so, he was an unlimited rascal, and there an end. A thousand men file past the bar of official and unofficial justice without much comment They are branded, more or less justly, in accord with their deserts, and having been first ignored, are altogether ...
— Despair's Last Journey • David Christie Murray
... magistrate's court. At that time a party in a suit could not be a witness. In the terse language of the common people, "no man could swear money into his own pocket." The plaintiff in the case advised the magistrate in advance that he had no legal proof of the debt, but that defendant freely acknowledged it ...
— The Reminiscences of an Astronomer • Simon Newcomb
... twice argued by eminent lawyers; Blair and G. F. Curtis for Dred Scott, and by Geyer and Johnson for the defendant. ...
— Slavery and Four Years of War, Vol. 1-2 • Joseph Warren Keifer
... probably been too weak to bring about the close of the school at an earlier date. Mrs. Douglass and her pupils were arrested and brought before the court, where she was charged with violating the laws of the State. The defendant acknowledged her guilt, but, pleading ignorance of the law, was discharged on the condition that she would not commit the same "crime" again. Censuring the court for this liberal decision the Richmond Examiner referred to it as offering "a very convenient way of getting out of the scrape." ...
— The Education Of The Negro Prior To 1861 • Carter Godwin Woodson
... innocent his intent, will not bring him within reach of the criminal law. He is, moreover, denied the right of trial by jury, his case usually being decided off-hand by a bored and unsympathetic magistrate who has no knowledge of the defendant's tongue. Moreover, the company's laws permit the punishment of unruly laborers by flogging, with a maximum of twelve lashes. In view of the remoteness of most of the estates, it is scarcely necessary for me to point out that this is a form of punishment ...
— Where the Strange Trails Go Down • E. Alexander Powell
... Tichbourne case, having described this species of evidence as of "vital importance," and in itself final and conclusive. The absence of the tattoo-marks in this case justified the jury in their finding that the defendant was not and could not be Roger Tichbourne, whereupon the alleged claimant was proved to be an impostor, found guilty of perjury, and ...
— The First Landing on Wrangel Island - With Some Remarks on the Northern Inhabitants • Irving C. Rosse
... recognize in the railroad official a skilful pleader for the special interests—the interests of the few against those of the many. Hence he was preparing to go to the new field with a rather strong prepossession in favor of the defendant corporation. In their later conversation Gantry had intimated pretty broadly that there was room for an assistant corporation counsel for the railroad, with headquarters in the capital of the Sage-brush State. Blount assumed that the requirements, in the present crisis ...
— The Honorable Senator Sage-Brush • Francis Lynde
... money?" "We were playing poker, your Honor." "Do you call playing poker swindling?" said the Judge. "Well, your Honor, he must have swindled me; for every time I had a good hand he would beat it," said he. "If that is all the evidence you have, the case is closed, the defendant is dismissed, and you will be held for the costs," said his Honor. I told the Judge I would pay the costs if he would let the fellow go. He accepted the proposition, and that night I had the honor of playing ...
— Forty Years a Gambler on the Mississippi • George H. Devol
... and reechoed through the silent streets, and snatched me in an instant out of the abstraction into which I had fallen. Hard upon the cry there came to me the sound of steel ringing upon steel. I legged it through the empty road, flung myself round a corner, and came plump upon the combatants. The defendant was a lusty young fellow apparently about my own age, of extraordinary agility and no mean skill with the sword. He was giving a good account of himself against the four assailants who hemmed him against the wall, his point flashing here and there with swift irregularity ...
— A Daughter of Raasay - A Tale of the '45 • William MacLeod Raine
... the extracts with a view to names, and found the only names mentioned were those of the counsel. The expert's name was not given in either. However, she knew that from Robert. She resolved to speak to Mr. Hennessy first, and try and get at the defendant's solicitor through him. ...
— Foul Play • Charles Reade
... coffee cases under the Pure Food Act was tried in Chicago, February, 1912. The question was, whether in view of the long-standing trade custom, it was still proper to call an Abyssinian coffee (Longberry Mocha) Mocha. The defendant was charged with misbranding, because he sold as Java and Mocha a coffee containing Abyssinian coffee. The court decided that the product should be called Abyssinian Mocha;[321] but since then, general acceptance has obtained ...
— All About Coffee • William H. Ukers
... that he read the letter just before attending the court upon a case in which he was counsel to the crown, the witnesses on the opposite side of the question felt the full effects of the barrister's ill humour. The case was one in which the defendant had been engaged in swindling transactions to a very large amount; and among his agents and assistants was a person of the very lowest orders, but who, seemingly enjoying large connections, and possessing natural acuteness and address, appeared to have been of great use in receiving ...
— Paul Clifford, Complete • Edward Bulwer-Lytton
... somewhat the same as in a law suit where the duty of the attorney for the plaintiff is to make every point that fairly can be made for the plaintiff, while the attorney on the other side must correspondingly make every point that can properly be made for the defendant. Each side is supposed to look after the interest of that side. Similarly, in a business organization, say a railroad, when some new project is under consideration it will be submitted to the engineer, to the chemist, to the attorney, to the ...
— Creating Capital - Money-making as an aim in business • Frederick L. Lipman
... establishment of peace, Hook, under the advice of Mr. Cowan, a gentleman of some distinction in the law, thought proper to bring an action of trespass against Mr. Venable, in the district court of New London. Mr. Henry appeared for the defendant, and is said to have disported himself in this cause to the infinite enjoyment of his hearers, the unfortunate Hook always excepted. After Mr. Henry became animated in the cause, says a correspondent [Judge Stuart], he appeared to have complete control ...
— Southern Literature From 1579-1895 • Louise Manly
... San Francisco on or before April 3d, 1850. This ordinance was approved by an act of the Legislature of the State in March, 1858, and the benefit of it and of the confirmatory act was claimed by the defendant in ...
— Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State • Stephen Field; George C. Gorham
... two afterward he was in de witness box. De nigger lawyer say: 'Now, Mister Chisolm, tell your tale in your own way.' Daddy say: 'I saw de defendant and de man, now dead, as they meet. They glare at each other and begin to talk harsh and cuss each other. Then, one strike at de other and they back 'way and begin to reach in deir hind pockets.' Daddy stop, and ...
— Slave Narratives Vol. XIV. South Carolina, Part 1 • Various
... trust-worthy, devoted, and uncovetous servants always bent upon gathering. That king in whose city justice is administered properly with the result of such administration leading to the well known results of fining the plaintiff or the defendant if his case is untrue, and in which criminal laws are administered even after the manner of Sankha and Likhita, succeeds in earning the merit that attaches to sovereignty. That king who attaches his subjects to himself by kindness, who is conversant with the duties of kings, and who ...
— The Mahabharata of Krishna-Dwaipayana Vyasa, Volume 3 - Books 8, 9, 10, 11 and 12 • Unknown
... without a refresher. And so he is taken to his corner by his client and dosed with another L100. Then all his ardour returns. He sees the thing as clear as daylight—the radiant innocence of the plaintiff, the black perfidy of the defendant. To-morrow evening the vision will have faded again, but another L100 will make it as plain as ever. Yes, it is a good word—"refresher"—a candid word, an honest word. It puts the relation on a sound business footing. There is no sham sentiment ...
— Pebbles on the Shore • Alpha of the Plough (Alfred George Gardiner)
... pronounces the defendant—dead! She can resume her former ties at will, Or may renounce them, if such be her will. She is no more a daughter, or a spouse, Unless she choose, and is set free to form New ties, ...
— Verses • Susan Coolidge
... is that 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 heart, ...
— American Missionary, Volume 43, No. 10, October, 1889 • Various
... Phoenix and Simms was its editor through its somewhat brief existence. Selby relates that Simms offended General Hartwell and was summoned to trial at the General's headquarters on the corner of Bull and Gervais Streets. The result of the trial was an invitation for the defendant to a sumptuous luncheon and a ride home in the General's carriage accompanied by a basket of champagne and other good things. The next day the General told a friend that if Mr. Simms was a specimen of a South Carolina gentleman ...
— Literary Hearthstones of Dixie • La Salle Corbell Pickett
... more interesting to the public than this cause celebre. It is better known than many a real case: for every one knows the Judge, his name and remarks—also the Counsel—(notably Sergeant Buzfuz)—the witnessess, and what they said—and of course all about the Plaintiff and the famous Defendant. It was tried over seventy years ago at "the Guildhall Settens," and was described by Boz some sixty-three years ago. Yet every detail seems fresh—and as fresh as ever. It is astonishing that a purely technical ...
— Bardell v. Pickwick • Percy Fitzgerald
... rishis, les Gandharvas, les hommes sanctifies par la penitence; et, quoique, destructeur des sacrifices, lacerateur des Saintes Ecritures, ennemi des brahmes, devorateur des hommes, cette faveur incomparable sauve de la mort Ravana le triste fleau des mondes. Il ose attaquer les rois, que defendant les chars de guerre, que remparent les elephants: d'autres blesses et mis en fuite, sont dissipes ca et la devant lui. Il a devore des saints, il a devore meme une foule d'apsaras. Sans cesse, dans son delire, il s'amuse a tourmenter les sept mondes. Comme on vient de nous apprendre ...
— The Ramayana • VALMIKI
... 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 ...
— Dio's Rome • Cassius Dio
... fee he is to receive. Before consenting to appear as a witness the practitioner should insist on having all the facts of the case put before him in writing. In this way only can he decide as to whether in his opinion the plaintiff or defendant is right as regards the medical evidence. If summoned by the side on which he thinks the medical testimony is correct, then it is his duty to consent to appear. If, however, he is of opinion that the medical evidence ...
— Aids to Forensic Medicine and Toxicology • W. G. Aitchison Robertson
... existence near the scene of probable conflict, as in Natal, is a matter of more concern to the invader than when, as upon the Cape extreme of the scene of war, they are found beyond the range to which the defendant can ...
— Story of the War in South Africa - 1899-1900 • Alfred T. Mahan
... the claimant, died in June 1764; but, before his decease, his depositions were taken in the presence of two ministers and of a justice of the peace. He asserted, "as one slipping into eternity, that the defendant (Archibald Stewart) and his deceased twin-brother were both born of the body of Lady Jane Douglas, his lawful ...
— Celebrated Claimants from Perkin Warbeck to Arthur Orton • Anonymous
... all for prompt action. Formally he said he wished to go on record as demanding for his principal a speedy hearing of the issue, with a view to preventing the defendant named in the pleadings from dissipating any more of the estate lately bequeathed to him and now fully in his possession—or words ...
— From Place to Place • Irvin S. Cobb
... Robin Hood was a person of good condition, his name might perhaps be found in the law-records of the local courts; and, in fact, Mr Hunter has found, in the court-rolls of the manor of Wakefield, the name of 'Robertus Hood,' as that of the defendant in a suit relative to a small piece of land, in the ninth year of Edward II. He again appears in a subsequent year, when he is described as being of Wakefield; and the name of his wife, Matilda, is mentioned. Here is another curious coincidence. Mr Hunter says: 'The ballad ...
— Chambers's Edinburgh Journal, No. 452 - Volume 18, New Series, August 28, 1852 • Various
... before Rav Nachman as plaintiff in a lawsuit. "What shall I do?" he said. "If I rise before her (to honor her as the widow of a Rabbi), the defendant, who is an amhaaretz, will feel uneasy; and if I don't rise I shall break the rule which ordains that the wife of an associate is to be treated as an associate." So he said to his servant, "Loose a young goose over my head, then ...
— Hebraic Literature; Translations from the Talmud, Midrashim and - Kabbala • Various
... were nearly or quite at end yet the youth came not, the Caliph took seat in his council, with the Companions surrounding him, like the constellations about the moon, Abu Zarr and the plaintiffs being also present; and the avengers said, "Where is the defendant, O Abu Zarr, and how shall he return, having once fled? But we will not stir from our places till thou bring him to us, that we may take of him our blood revenge." Replied Abu Zarr, "By the truth of the All-Wise ...
— The Book of the Thousand Nights and a Night, Volume 5 • Richard F. Burton
... a K.C. cross-examining you, and a judge turning you into 'copy' for Punch. But I've got something up my sleeve that will settle the whole affair instantly, to the absolute satisfaction of both plaintiff and defendant. ...
— The Great Adventure • Arnold Bennett
... at New Gatun one morning for the court-room in Cristobal I loaded into a second-class coach six witnesses aggregating five nationalities, ready to testify among other things to the interesting little point that the defendant had a long prison record ...
— Zone Policeman 88 - A Close Range Study of the Panama Canal and its Workers • Harry A. Franck
... sailor refused to obey, and threatened one of the midshipmen—a serious act of insubordination, which, according to the laws then in force, entailed corporal punishment on its perpetrator. I immediately called a court-martial, which, having heard witnesses and defendant, according to regulations, sentenced the man to a certain number of strokes with the rope's end. The hour for carrying out the sentence came, the crew was mustered, the officers in their places and under arms. I was ...
— Memoirs • Prince De Joinville
... forfeiture on the discovery. In such suits the informer is not liable to those delays which the ordinary procedure of those courts throws into the way of the justest claimant; nor has the Papist the indulgence which he [it?] allows to the most fraudulent defendant, that of plea and demurrer; but the defendant is obliged to answer the whole directly upon oath. The rule of favores ampliandi, &c., is reversed by this act, lest any favor should be shown, or the ...
— The Works of the Right Honourable Edmund Burke, Vol. VI. (of 12) • Edmund Burke
... was between Lord Busqueue and Lord Suckfist, who pleaded their own cases. The writs, etc., were as much as four asses could carry. After the plaintiff had stated his case, and the defendant had made his reply, Pantagruel gave judgment, and the two suitors were both satisfied, for no one understood a word of the pleadings, or the tenor of the verdict.—Rabelais, Pantagruel, ...
— Character Sketches of Romance, Fiction and the Drama - A Revised American Edition of the Reader's Handbook, Vol. 3 • E. Cobham Brewer
... at a sitting of the Sovereign Council, Tracy, Courcelle, Talon, and Laval being present, the attorney- general Bourdon made out a case against Jacques de la Mothe, a merchant, for having sold wines and tobacco at higher prices than those of the tariff. The defendant acknowledged that he had sold his wine at one hundred livres and his tobacco at sixty sous, but alleged that his wine was the best Bordeaux, that his hogsheads had a capacity of fully one hundred ...
— The Great Intendant - A Chronicle of Jean Talon in Canada 1665-1672 • Thomas Chapais
... respective boundaries, Costa Rica, and Salvador brought suit against Nicaragua before the Central American Court. With the exception of the Nicaraguan representative, the judges upheld the contention of the plaintiffs that the defendant had no right to make any such concessions without previous consultation with Costa Rica, Salvador, and Honduras, since all three alike were affected by them. The Court observed, however, that it could not declare the treaty ...
— The Hispanic Nations of the New World - Volume 50 in The Chronicles Of America Series • William R. Shepherd
... and is doubtful whether he can come up to the scratch without a refresher. And so he is taken to his corner by his client and dosed with another L100. Then all his ardour returns. He sees the thing as clear as daylight—the radiant innocence of the plaintiff, the black perfidy of the defendant. To-morrow evening the vision will have faded again, but another L100 will make it as plain as ever. Yes, it is a good word—"refresher"—a candid word, an honest word. It puts the relation on ...
— Pebbles on the Shore • Alpha of the Plough (Alfred George Gardiner)
... from the technical construction put upon the situation were these: In reality Sir Charles Dilke was the defendant on trial for his political life and his personal honour. Yet although Sir Henry James and Sir Charles Russell were there in court ready briefed, neither was allowed to speak. Dilke's case against ...
— The Life of the Rt. Hon. Sir Charles W. Dilke, Vol. 2 • Stephen Gwynn
... is somewhat the same as in a law suit where the duty of the attorney for the plaintiff is to make every point that fairly can be made for the plaintiff, while the attorney on the other side must correspondingly make every point that can properly be made for the defendant. Each side is supposed to look after the interest of that side. Similarly, in a business organization, say a railroad, when some new project is under consideration it will be submitted to the engineer, ...
— Creating Capital - Money-making as an aim in business • Frederick L. Lipman
... trial of the ejectment suit was rapidly approaching, and it was difficult to say whether plaintiff or defendant showed the more signs of anxiety. Mr. Hardwick's life seemed to be bound up in his shop; it was dear to him in the memory of long years of cheerful labor; it was his pride as well as his dependence; ...
— Atlantic Monthly, Volume 2, Issue 11, September, 1858 • Various
... train, Whether with ale irriguous, or champaign? Whether they tread the vale of prose, or climb, And whet their appetites on cliffs of rhyme; The college sloven, or embroider'd spark; The purple prelate, or the parish clerk; The quiet quidnunc, or demanding prig; The plaintiff tory, or defendant whig; Rich, poor, male, female, young, old, gay, or sad; Whether extremely witty, or quite mad; Profoundly dull, or shallowly polite; Men that read well, or men that only write; Whether peers, porters, tailors, tune the reeds, And ...
— The Poetical Works of Edward Young, Volume 2 • Edward Young
... over hand, and a train of bubbles was seen making all across the pool toward him. And the next moment two dripping heads came up to hand close together, like cherries on a stalk; and now a dozen hands were at the rope, and the plaintiff and defendant were lifted bodily up on to the flat rock, which came nearly to the water's edge on this side ...
— It Is Never Too Late to Mend • Charles Reade
... 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 ...
— The Causes of the Corruption of the Traditional Text of the Holy Gospels • John Burgon
... the case of Murray v. Benbow (February 9, 1822), the Lord Chancellor (Lord Eldon) refused the motion for an injunction to restrain the defendant from publishing a pirated edition of Lord Byron's poem of Cain (Jacob's Reports, p. 474, note). Hence (see var. i.) the allusion to "Law" and "Equity." The "suit" and the "appeal" (vide ibid.) ...
— The Works of Lord Byron, Volume 6 • Lord Byron
... you have a civil remedy. A 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 ...
— Hard Cash • Charles Reade
... appeared for the Defendant in an action brought by four persons to recover a sum of money lost by his client in a betting transaction. In the course of his speech the judge (C. J. Wontone) interrupting him asked, Do I understand you to say that the Plaintiffs were standing ...
— Chess History and Reminiscences • H. E. Bird
... that he had been in an affray, his cloaths being very bloody, but certain open sluices on his own head sufficiently shewed whence all the scarlet stream had issued: whereas the accuser had not the least mark or appearance of any wound. The justice asked the defendant, What he meant by breaking the king's peace?——To which he answered——"Upon my shoul I do love the king very well, and I have not been after breaking anything of his that I do know; but upon my shoul this man hath brake my head, and my ...
— Amelia (Complete) • Henry Fielding
... laughing. 'The chief witness, I take it, will be your henchman, the redoubtable "Geordie," aunt being prosecutor, the wraith the defendant, and you, uncle, the ...
— Border Ghost Stories • Howard Pease
... of the cause then before the court were thus conclusively disposed of, whether the decision be regarded as bearing on the main issue between the parties, or on the plea in abatement filed by the defendant, avowing that Scott was not a citizen of Missouri,—an averment, if true, fatal to his standing in the Federal court,—since its jurisdiction of the cause depended on the citizenship of the litigants. In a word, if he was a slave, he was no citizen, If he was the slave of Sanford, his ...
— Atlantic Monthly, Vol. 4, No. 25, November, 1859 • Various
... located. The 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
... stood before the entrance to the infernal regions. Truly there is no hope for those who enter here. Both sides are squeezed by the gate-keeper —a very lucrative post in all yamens—before they are allowed to present their petitions. It then becomes necessary for plaintiff and defendant alike to go through the process of (in Peking slang) "making a slit," i.e., making a present of money to the magistrate and his subordinates proportionate to the interests involved. In many yamens there is ...
— Chinese Sketches • Herbert A. Giles
... in this discourse; for my brother, the Sieur de Mattecoulom, was at Rome asked by a gentleman with whom he had no great acquaintance, and who was a defendant challenged by another, to be his second; in this duel he found himself matched with a gentleman much better known to him. (I would fain have an explanation of these rules of honour, which so often shock and confound those of reason.) After having despatched his man, ...
— The Essays of Montaigne, Complete • Michel de Montaigne
... whose function it should be to take the place of the Turkish courts. The members of these secret tribunals were elected democratically by the villagers themselves. Later on they elected local delegates to provincial committees, which acted as courts of higher appeal, to which a defendant on trial might appeal should he feel that local sentiment was prejudiced against him. Later on, when these committees spread all over the country, yearly congresses were held, the first of which drew up a constitution for what was nothing less than a secret provisional government ...
— The Story of the Great War, Volume I (of 8) - Introductions; Special Articles; Causes of War; Diplomatic and State Papers • Various
... disappointed suitors. One event in my administration of the office, caused quite a sensation for the day. In the presence of a crowd of whites and blacks, I heard a case in which a colored woman, who had till recently been a slave, was plaintiff and principal witness, and a white man who was defendant, and gave judgment in favor of the former. This may seem to you a very simple matter, but it was evidently no ordinary occurrence in that place, and I presume this was the first occasion in the experience of many of the spectators, ...
— Reminiscences of two years with the colored troops • Joshua M. Addeman
... same way, though his motive does not appear. Clerk also points out that a necessary corollary of the lee-gage, assumed for tactical reasons, is to aim at the assailant's spars, his motive power, so that his attack cannot be pushed farther than the defendant chooses, and at Stromboli the crippled condition of the French is evident; for after Ruyter had fallen to leeward, and could no longer help his separated rear, it was practically unmolested by the French, although none of these had been sunk. ...
— The Influence of Sea Power Upon History, 1660-1783 • A. T. Mahan
... "You called the defendant on the telephone a half or three-quarters of an hour before the police discovered Mr. Compton's body, did ...
— The Efficiency Expert • Edgar Rice Burroughs
... the case. Hon. Don M. Dickinson was engaged as counsel, and the case was taken to the Federal Court last November on a writ of habeas corpus, the contention being that the conviction was contrary to the bill of rights of Tennessee and the Constitution of the United States, and that the defendant was held prisoner by the sheriff without due process of law. The application was argued several months ago, and Judge Hammond has had it under advisement until recently, when his decision was given in which the defendant was remanded back to the custody ...
— The Arena - Volume 4, No. 23, October, 1891 • Various
... 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 consequently, ...
— Children's Literature - A Textbook of Sources for Teachers and Teacher-Training Classes • Charles Madison Curry
... visit from the defendant in above, we should be pleased to have an interview with you at two P. ...
— Openings in the Old Trail • Bret Harte
... prisoner within the rules of the king's bench, who must return to quod at a given moment or compliment the marshal with the debt and costs. At the crowing of the cock, the extravagant and erring spirit (that is, the spendthrift of a defendant) whether he be drinking arrack punch at Vauxhall, champaigne at the Mount, or brandy and water at the Eccentries, must kick off his glass-slipper, and hobble back to St. George's Fields, like the lame bottle-conjuror of ...
— The Mirror of Taste, and Dramatic Censor, Vol. I, No. 5, May 1810 • Various
... sum may be applied in ornamenting their principal square with a botanical garden. Then the Governor has to attend to complaints against public officers. The Commissioner of the Civil Court has proved himself to be an unjust judge by deciding for the defendant contrary to the truth, as proved by the plaintiff; or the Commissioner of the Court of Requests has received a bribe of three-and-fourpence, and refused to listen to the complainant's story. The magistrates have granted a spirit license to a notorious character, and denied ...
— The Bushman - Life in a New Country • Edward Wilson Landor
... cannot end it, then they prefer it to the magistrate. The plaintiff craveth of the said magistrate that he may have leave to enter law against his adversary, and having obtained it, the officer fetcheth the defendant and beateth him on the legs till he bring forth a surety for him; and if he be not of such credit as to procure a surety, then are his hands by an officer tied to his neck, and he is beaten all the way till he come before the judge. The judge then asketh ...
— The Discovery of Muscovy etc. • Richard Hakluyt
... restrict our inquiries to the external history of the word. We find ourselves first among the forms of Roman law. The 'sacramentum' appears there as the deposit or pledge, which in certain suits plaintiff and defendant were alike bound to make, and whereby they engaged themselves to one another; the loser of the suit forfeiting his pledge to sacred temple uses, from which fact the name 'sacramentum,' or thing consecrated, was first derived. The word, as next employed, plants ...
— On the Study of Words • Richard C Trench
... 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 ...
— Blackwood's Edinburgh Magazine, No. CCCXXXIX. January, 1844. Vol. LV. • Various
... 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
... for the County of Gwinnett, in the State of Georgia," commanding them to "send to the said Supreme Court of the United States, the record and proceedings in the said Superior Court of the County of Gwinnett, between the State of Georgia, Plaintiff, and Samuel A. Worcester, Defendant, on an ...
— Opinion of the Supreme Court of the United States, at January Term, 1832, Delivered by Mr. Chief Justice Marshall in the Case of Samuel A. Worcester, Plaintiff in Error, versus the State of Georgia • John Marshall
... of the Theatre, to redouble his efforts to collect his debt. He "gave it out in speech that he had set over and assigned the said lease and bonds to one George Clough, his ... father-in-law (but in truth he did not so)," and "the said Clough, his father-in-law, did go about to put the said defendant [Burbage] out of the Theatre, or at least did threaten to put him out." As we have seen, there was a clause in the mortgage which prevented Hide from ejecting Burbage;[76] yet Clough was able to make so much trouble, "divers and sundry times" visiting the Theatre, that at last Burbage ...
— Shakespearean Playhouses - A History of English Theatres from the Beginnings to the Restoration • Joseph Quincy Adams
... witness to testify. As she told her simple story, a hushed silence fell over the room, every spectator, from the judge on the bench to the sheriff, being eager to catch every syllable of the recital. But as in duty bound to a client, the attorney for the defendant, a young man who had come from San Antonio to conduct the case, opened a sharp cross-questioning. As the examination proceeded, an altercation between the attorneys was prevented only by the presence of the sheriff and deputies. Before the inquiry progressed, the attorney for the plaintiff ...
— A Texas Matchmaker • Andy Adams
... his fellow-villagers. On a complaint being made to him, he 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 ...
— Sport and Work on the Nepaul Frontier - Twelve Years Sporting Reminiscences of an Indigo Planter • James Inglis
... consenting to appear as a witness the practitioner should insist on having all the facts of the case put before him in writing. In this way only can he decide as to whether in his opinion the plaintiff or defendant is right as regards the medical evidence. If summoned by the side on which he thinks the medical testimony is correct, then it is his duty to consent to appear. If, however, he is of opinion that the medical evidence is clearly ...
— Aids to Forensic Medicine and Toxicology • W. G. Aitchison Robertson
... The obscure defendant charged with murder has little reason to complain of the law's delays. The morning following the arrest of Victor Ancona, the newspapers published long sensational articles, denounced him as a fiend, and convicted him. The grand jury, as it happened, was in session. The preliminaries ...
— Stories by Modern American Authors • Julian Hawthorne
... purposes as a member of the Aerial Experiment Association. To this the patentees did not object. Subsequently, however, the machine, with supplementary planes placed midway between the upper and lower aeroplanes, was publicly exhibited by the defendant corporation and used by Curtiss in aerial flights for prizes and emoluments. It further appears that the defendants now threaten to continue such use for gain and profit, and to engage in the manufacture and sale of such infringing machines, thereby becoming an active rival ...
— Flying Machines - Construction and Operation • W.J. Jackman and Thos. H. Russell
... In vain Defendant proffered proof That Plaintiff's self was the Father of Evil— Brought Hoby forth to swear to the hoof And Stultz to speak to ...
— The Complete Poems of Sir Thomas Moore • Thomas Moore et al
... those who behaved insolently, even on the very slightest grounds. This Servilius while walking had once met on the road a man on horseback, who so far from dismounting on his approach spurned him violently aside. Later he recognized the fellow in a defendant of a case in court, and when he mentioned the affair to the judge, they paid no further attention to the man's plea, but ...
— Dio's Rome, Vol. III • Cassius Dio
... was over, however, Proprietor and Editor Sayles was having his own troubles. He had been summoned to Lawyer Kimball's office, where he discovered that he was about to be defendant in two ...
— Uncle Sam's Boys as Lieutenants - or, Serving Old Glory as Line Officers • H. Irving Hancock
... bier stood the Knight of Kinfauns, the challenger, and at the foot the young Earl of Crawford, as representing the defendant. The evidence of the Duke of Rothsay in expurgation, as it was termed, of Sir John Ramorny, had exempted him from the necessity of attendance as a party subjected to the ordeal; and his illness served as ...
— The Fair Maid of Perth • Sir Walter Scott
... his Mormon friends. After setting forth his legal marriage in Ohio, stating that he and the plaintiff were members of a church which held the doctrine that "members thereto might rightfully enter into plural marriages," and admitting such a marriage in this case, he continued: "But defendant denies that he and the said plaintiff intermarried in any other or different sense or manner than that above mentioned or set forth. Defendant further alleges that the said complainant was then informed by the defendant, and then and there well knew that, by reason of said ...
— The Story of the Mormons: • William Alexander Linn
... all over town telling how one could be a burglar with impunity for ten dollars a year. At about the same time I heard of a man who was in the Tombs charged with murder, but who was almost certain to get off on account of the weakness of the case against him. I, therefore, visited the defendant and offered to give him a policy for ten dollars, in spite of the fact that he was already in jail. He snatched readily enough at the chance of getting as good a lawyer as Gottlieb to defend him for ten dollars, ...
— The Confessions of Artemas Quibble • Arthur Train
... this?" he cried to Zat Arrras. "The defendant has not been heard, nor has he had an opportunity to call others in his behalf. In the name of the people of Helium I demand fair and impartial treatment for the ...
— The Gods of Mars • Edgar Rice Burroughs
... 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 seeing Rebecca Nurse ride through the air on ...
— The Witch of Salem - or Credulity Run Mad • John R. Musick
... childhood, she appeals to you and to me who enjoy the privileges achieved for us by the patriots of the Revolution for our sympathetic aid and manly protection. I have but one question to ask you, gentlemen of the jury. Shall we befriend her?" During the speech the defendant sat huddled up in the court-room, writhing under the lash of Lincoln's tongue. The jury returned a verdict for every cent that Lincoln had asked. He became the old lady's surety for costs, paid her hotel bill and sent her home rejoicing. He made no charges for his own ...
— The Every-day Life of Abraham Lincoln • Francis Fisher Browne
... against Mr. Killpack, for selling spirituous liquor. Mr. James (the counsel for the defendant) stated that there was a club held there, of which Mr. Keeley, the actor, was treasurer, and many others of the theatrical profession were members, and that they had a store of brandy, whiskey, and other spirits. Fined L5 ...
— Punch, or the London Charivari, Volume 1, Complete • Various
... frank as your father, and have learned from him to hear the defendant before you condemn him. A strange maiden, the daughter of the king ...
— Uarda • Georg Ebers
... always counted the quarterings in the shields of the respective parties, and decided accordingly. Imagine the speedy redress gained by a muddy-veined peasant against one of the cousins; who, of course, had as many quarterings as the Margrave himself. The defendant was regularly acquitted. At length, a man's house having been burnt down out of mere joke in the night, the owner had the temerity in the morning to accuse one of the privileged, and to produce, at the same tune, a shield, with exactly one more quartering ...
— Vivian Grey • The Earl of Beaconsfield
... For the challenge was one which Harold could not but refuse. William looked on himself as one who claimed his own from one who wrongfully kept him out of it. He was plaintiff in a suit in which Harold was defendant; that plaintiff and defendant were both accompanied by armies was an accident for which the defendant, who had refused all peaceful means of settlement, was to blame. But Harold and his people could not look on the matter as a mere question between two men. The crown was Harold's by the gift ...
— William the Conqueror • E. A. Freeman
... powers of darkness at bay, and Tregeagle died and was buried in St. Breock Church. But the demons were not so ready to give up what they felt was their lawful prey. An important lawsuit occurred shortly after his death, and as the judge was about to give his decision against the unjustly accused defendant, to the horror of all in court, the gaunt figure of the dead Tregeagle stalked into the room. His ...
— Legend Land, Vol. 1 • Various
... of defence; as thereby inaccuracies of statement regarding time, place, etc., are often detected in criminal prosecutions, which otherwise might remain undiscovered. To this invaluable privilege of every defendant, I call your attention once more. Will you cross-question the witness on ...
— At the Mercy of Tiberius • August Evans Wilson
... had taken various objects away from one wounded man (a charge the prosecution withdrew) and that she hid the cartridges of the French wounded in the attic, were contested by Sister Valentine. After the testimony of the witnesses, nine for the prosecution and fourteen for the defendant, the government commissioner asked that she be punished with a sentence of fifteen years at hard labor and ten years of deprivation of civil rights. Her lawyer asked for her acquittal. The War Council on the fourteenth of December, ...
— Fighting France • Stephane Lauzanne
... '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 ...
— Gilbert Keith Chesterton • Patrick Braybrooke
... cause celebre. It is better known than many a real case: for every one knows the Judge, his name and remarks—also the Counsel—(notably Sergeant Buzfuz)—the witnessess, and what they said—and of course all about the Plaintiff and the famous Defendant. It was tried over seventy years ago at "the Guildhall Settens," and was described by Boz some sixty-three years ago. Yet every detail seems fresh—and as fresh as ever. It is astonishing that a purely technical sketch like this, whose humours ...
— Bardell v. Pickwick • Percy Fitzgerald
... which shall accrue under this act shall be sued for and recovered in an action of debt, in the name of the United States, before any court having jurisdiction of the same, (in any state or territory in which the defendant shall be arrested or found,) the one half to the use of the informer and the other half to the use of the United States, except when the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to ...
— Impressions of America - During The Years 1833, 1834, and 1835. In Two Volumes, Volume II. • Tyrone Power
... Court the defendant appeared by his solicitor, who asked that the hearing of the summonses might be adjourned, pending the action in the High ...
— Berry And Co. • Dornford Yates
... the half-lie which accompanies so many whispered self—accusations. Confidences and confessions are too often a means of evasion of justice—a laying of the case for the plaintiff before a judge without allowing the defendant to be present or to call a witness. Rachel, by dint of long experience, which did slowly for her the work of imagination, had ceased to wonder at the faithfully chronicled harsh words and deeds of generous souls. She knew or guessed at the unchronicled treachery or deceit which had brought ...
— Red Pottage • Mary Cholmondeley
... insanity. The Prince of Wales, though not specified in the indictment, was so widely gossiped about as being connected with the case that he asked to be heard and swore positively that there had been no improper relations between himself and the defendant. Two of the Judges on Appeal—Lord Penzance and Mr. Justice Keating—agreed with the jury's verdict that Lady Mordaunt was insane, while Chief Baron Kelly differed. The woman in the case was for years afterwards confined in a lunatic asylum, and it has long since been quite well understood that the ...
— The Life of King Edward VII - with a sketch of the career of King George V • J. Castell Hopkins
... individual, or public and official. A judge, a president, or other officer of high rank may be impeached before the appropriate tribunal for high crimes; the veracity of a witness may be impeached by damaging evidence. A person of the highest character may be summoned as defendant in a civil suit; or he may be cited to answer as administrator, etc. Indict and arraign apply strictly to criminal proceedings, and only an alleged criminal is indicted or arraigned. One is indicted by the grand jury, and ...
— English Synonyms and Antonyms - With Notes on the Correct Use of Prepositions • James Champlin Fernald
... wonderingly was a writ citing Bassett to appear as defendant in a suit brought in the circuit court by Edward G. Thatcher against the Courier Publishing Company, Morton ...
— A Hoosier Chronicle • Meredith Nicholson
... such attacks the defendant must do his fighting without weapons. He cannot allege in his defence that the offending work was put forth for a legitimate, necessary and decent purpose;[59] he cannot allege that a passage complained of is from a standard work, itself in general circulation;[60] he ...
— A Book of Prefaces • H. L. Mencken
... in 1852, at Trenton, New Jersey, there appeared in the Circuit Court of the United States two men, the legal giants of their day, to argue the case of Goodyear vs. Day for infringement of patent. Rufus Choate represented the defendant and Daniel Webster the plaintiff. Webster, in the course of his plea, one of the most brilliant and moving ever uttered by him, paused for a moment, drew from himself the attention of those who were hanging upon his words, and pointed to his client. He would have them look at the man whose cause ...
— The Age of Invention - A Chronicle of Mechanical Conquest, Book, 37 in The - Chronicles of America Series • Holland Thompson
... calamity. There was little indeed either to excite or to gratify any interest or curiosity separate from the personal interest inevitably connected with a case to which there were two such parties as a brutal, sensual, degraded ruffian, on one side in character of accuser, and on the other as defendant, a meek angel of a woman, timid and fainting from the horrors of her situation, and under the licentious gaze of the crowd—yet, at the same time, bold in conscious innocence, and in the very teeth ...
— The Uncollected Writings of Thomas de Quincey, Vol. 2 - With a Preface and Annotations by James Hogg • Thomas de Quincey
... apparatus, or device, shall, without delay, enter into a recognisance in the sum of six hundred dollars, with sufficient sureties, to be approved by said authority, for the appeal of said complaint to the Court of Common Pleas, next to be held in the proper county, conditioned that the defendant will appear at the next term of the court to which he appeals, and abide the order of said court, and for the payment of the full amount of the fine and all costs, in case he shall be found guilty of the offence charged, and judgment be rendered ...
— Secret Band of Brothers • Jonathan Harrington Green
... whole world, at every place and hour, by every voice Fortune alone is invoked and her name spoken: she is the one defendant, the one culprit, the one thought in men's minds, the one object of praise, the one cause. She is worshipped with insults, counted as fickle and often as blind, wandering, inconsistent, elusive, changeful, and friend of the unworthy. . . . We are so much ...
— Five Stages of Greek Religion • Gilbert Murray
... bright-looking little fellow. He found that the charge against him was burglary. There had been a fire in a dry goods store, where some of the merchandise had not been entirely consumed. The place had been boarded up to protect, for the time being, the damaged articles. Several boys, among them this defendant, had pulled off a board or two, and were helping themselves to the contents of the place, when the police arrived. The others got away, and this was the only one caught. The attorney asked the boy if he wanted a jury trial. ...
— How to Get on in the World - A Ladder to Practical Success • Major A.R. Calhoon
... magistrates for the names of his six children, a defendant said that he did not know them. It is a good plan for a man to get his wife to introduce him ...
— Punch, or the London Charivari, Vol. 156, March 19, 1919 • Various
... that be true, he is guilty, if not he is clear. So whether Cobham say true, or Raleigh, that is the question. Raleigh hath no answer but the shadow of as much wit as the wit of man can devise. He useth his bare denial; the denial of a defendant must not move the jury. In the Star Chamber, or in the Chancery, for matter of title, if the defendant be called in question, his denial on his oath is no evidence to the court to clear him, he doth it in propria causa; therefore much less in matters of treason. Cobham's testification ...
— State Trials, Political and Social - Volume 1 (of 2) • Various
... give me discretion, and I shall look to your advantage as well as I can. To-day I had to argue the great case of Reade v. Conquest. I argued it in person. Judgment is deferred. The court raised no grave objections to my reasoning, but many to the conclusions of defendant's counsel: so it ...
— Lippincott's Magazine, December, 1885 • Various
... law had been 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 ...
— The Great Speeches and Orations of Daniel Webster • Daniel Webster
... offense the brave woman was arrested, on Thanksgiving Day, the national holiday handed down to us by Pilgrim Fathers escaped from England's persecutions. She asked for a writ of habeas corpus. The writ being flatly refused, in January, 1873, her counsel gave bonds. The daring defendant finding, when too late, that this not only kept her out of jail, but her case out of the Supreme Court of the United States, regretfully determined to fight on, and gain the uttermost by a decision in the United States ...
— Eighty Years And More; Reminiscences 1815-1897 • Elizabeth Cady Stanton
... Roche, in the hope of hearing a case set down for trial to-day, in which a publican named Harding, at Ennis—an Englishman, by the way—is prosecuted for boycotting. The parties were in Court; and the defendant's counsel, a keen-looking Irish lawyer, Mr. Leamy, once a Nationalist member, was ready for action; but for some technical reason the hearing was postponed. There were few people in Court, and little interest seemed to be felt in the matter. The Court-house is a good building, not unlike ...
— Ireland Under Coercion (2nd ed.) (1 of 2) (1888) • William Henry Hurlbert
... hardly be said of these conflicts that they were running fights - for in truth they generally proceeded at a snail's pace - the part the Firm had in them came so far within the general denomination, that now they took a shot at this Plaintiff, and now aimed a chop at that Defendant, now made a heavy charge at an estate in Chancery, and now had some light skirmishing among an irregular body of small debtors, just as the occasion served, and the enemy happened to present himself. The Gazette was an important ...
— The Battle of Life • Charles Dickens
... is elastic—some judges stretch it more than others. A search-warrant and a writ of attachment probably did the business in this case. What I can't understand is why Judge Lindman issued the writ at all—if he did so. You are the defendant, and you certainly would have brought the deed into court as a ...
— 'Firebrand' Trevison • Charles Alden Seltzer
... Retreat, and when he was somewhat recovered in nerves and health, sued Joe Westlake in the Whitechapel County Court, in action of tort, laying his damages at the moderate sum of fifty pounds. Mr. G.E. Williams, for the defendant, contended that the plaintiff deserved the treatment which he had brought on himself, and the Judge, after hearing the evidence, said that although the plaintiff, Sloper, had acted most improperly in loading his guns, the defendant, Westlake, had retaliated too severely, but, under the circumstances, ...
— The Honour of the Flag • W. Clark Russell
... Attorney General of the United States surely knows, compels no one to give testimony that tends to incriminate, and, furthermore, does not construe failure to testify on the grounds that it will tend to incriminate against the defendant. In the law the defendant is entitled to every reasonable doubt. It is also conceivable that a reasonable time for the defense to present its case would be granted ...
— The New York Times Current History of the European War, Vol. 1, January 9, 1915 - What Americans Say to Europe • Various
... hesitation in making an appeal to Aunt Temperance, who might answer it with a box on the ear instead of a comforting kiss, or at best had an awkward way of turning the tables on the plaintiff by making him out to be the offender instead of the defendant. But nobody ever hesitated to appeal to Grandmother, whose very rebukes fell as softly as rose-leaves, and were always so justly deserved that they had twice the effect of those which came from ...
— It Might Have Been - The Story of the Gunpowder Plot • Emily Sarah Holt
... 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 him his constable, and pulling out of his breeches-pocket a huge jackknife, dispatched it after the defendant as a summons, accompanied by ...
— Baddeck and That Sort of Thing • Charles Dudley Warner
... 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, ...
— The Library • Andrew Lang
... "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 to ...
— The Ghost Kings • H. Rider Haggard
... other words, there is reserved to a Christian the privilege, when within the territories of a pagan State, of being tried for penal offences by Christian judges. In civil cases the jurisdiction is divided, the question at issue being adjudicated by a tribunal of the defendant's nationality; but in criminal cases jurisdiction is wholly reserved. Therefore powers making treaties with Oriental nations establish within the latter's borders consular courts which exercise what ...
— A History of the Japanese People - From the Earliest Times to the End of the Meiji Era • Frank Brinkley and Dairoku Kikuchi
... 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 of the State, passed June and ...
— The Great Speeches and Orations of Daniel Webster • Daniel Webster
... appear likely enough; and Scott says truly that 'it was scarce possible so effectually to dim the lustre of Marlborough's splendid achievements as by parodying them under the history of a suit conducted by a wily attorney who made every advantage gained over the defendant a reason for protracting law procedure, and enhancing the expense of his client.' In this long lawsuit everybody is represented as gaining something except John Bull, whose ready money, book debts, ...
— The Age of Pope - (1700-1744) • John Dennis
... were examined, and the proceedings were more in conformity with those of modern courts. If sentence of death was passed, the criminal was hanged at once on the nearest tree. The minor punishments were exile and fine. If the defendant refused to appear, after being three times cited, the sentence of the Vehm was pronounced against him, ...
— Historical Tales, Vol 5 (of 15) - The Romance of Reality, German • Charles Morris
... seized the minutiae of the evidence, and never seemed to see the point or the broad bearings of the case. He would utterly confuse a truthful witness, for instance, who chanced to say that he met the defendant in the road. 'But you said just now that you and he were both going the same way; how, then, could you meet him?' the squire would ask, frowning sternly. Whether the witness overtook or met the defendant mattered nothing to the point at issue; but the squire, having ...
— Hodge and His Masters • Richard Jefferies
... Conformity Bill pass; but they insisted on inserting in the bill a clause which was meant to propitiate the dissenters. By this clause it was enacted that, if an information were laid against a dissenting minister for having omitted to subscribe the articles, the defendant might, by subscribing at any stage of the proceedings anterior to the judgment, defeat the information, and throw all the costs on the informer. The House will easily believe that, when such was the state of the law, informers were not numerous. Indeed, during the discussions ...
— The Miscellaneous Writings and Speeches of Lord Macaulay, Vol. 4 (of 4) - Lord Macaulay's Speeches • Thomas Babington Macaulay
... were not in dispute, and all that his Lordship would be asked was to interpret the correspondence which had taken place between his client and the defendant, an architect, with reference to the decoration of a house. He would, however, submit that this correspondence could only mean one very plain thing. After briefly reciting the history of the house at Robin Hill, which he described as a mansion, and the actual facts ...
— Forsyte Saga • John Galsworthy
... should prevent these citizens from taking their goods out of their warehouses or compel them to pay toll for the privilege of transacting their lawful business.... And the government has shown, if it please your honor, that this Pleasant Valley Coal Company is but a creature of the defendant corporation, its officers and owners being the servants of the railroad company, and thereby this Pleasant Valley Coal Company has enjoyed and now enjoys special privileges in the matter of transportation, cars, and switching facilities. The government has further shown that the Atlantic ...
— Together • Robert Herrick (1868-1938)
... possessed much judgment and perseverance. The sport is very exciting; but the spectator must be well-mounted, and ride boldly, who would closely watch the swift, varying evolutions of the assailing party, and the sudden evasions of the helpless defendant." ...
— Anecdotes of Dogs • Edward Jesse
... foundations." Among other stories and items of fact put forth in evidence of his contempt of the pettifogging and professional lying so common in these degenerate days, is the following: Being engaged on one occasion to recover the amount of a bill which was alleged by the defendant to have been paid, he discovered, quite accidentally, among his client's papers, as the trial was proceeding, a receipt in full for the demand before the court. The paper in question had fallen into his client's hands in some way or another, and he was ...
— The New England Magazine, Volume 1, No. 4, Bay State Monthly, Volume 4, No. 4, April, 1886 • Various
... court being the speeches. The writing of the court story as a whole follows closely the method already outlined for interviews and speeches. The lead, however, varies greatly accordingly to the stage of the court proceedings. If a verdict has been brought in, the guilt or innocence of the defendant, the penalty imposed, or an application for a rehearing may be featured, and the body of the story continues with a statement from the prisoner, quotations from the speeches of the opposing attorneys, ...
— News Writing - The Gathering , Handling and Writing of News Stories • M. Lyle Spencer
... accountant arrogant assailant assistant attendant clairvoyant combatant recreant consonant conversant defendant descendent discordant elegant exorbitant important incessant irrelevant luxuriant malignant petulant pleasant poignant reluctant stagnant triumphant vagrant ...
— The Art Of Writing & Speaking The English Language - Word-Study and Composition & Rhetoric • Sherwin Cody
... his father, who was dead. Cato took him by the hand and said, "Thus ought men to honour their parents when they die, not with the blood of lambs and kids, but with the tears and condemnation of their enemies." He himself is said to have been the defendant in nearly fifty actions, the last of which was tried when he was eighty-six years of age: on which occasion he uttered that well-known saying, that it was hard for a man who had lived in one generation to be obliged to defend himself before ...
— Plutarch's Lives, Volume II • Aubrey Stewart & George Long
... guilt: for a man may use a legal power corruptly, and for the most shameful and detestable purposes. And thus matters continued, till he commenced a criminal prosecution against this man,—this man whom he dared not meet as a defendant. ...
— The Works of the Right Honourable Edmund Burke, Vol. X. (of 12) • Edmund Burke
... morality and public law. The energy and pathos of the great orator extorted expressions of unwonted admiration from the stem and hostile Chancellor, and, for a moment, seemed to pierce even the resolute heart of the defendant. The ladies in the galleries, unaccustomed to such displays of eloquence, excited by the solemnity of the occasion, and perhaps not unwilling to display their taste and sensibility, were in a state of uncontrollable emotion. Handkerchiefs were pulled out; smelling bottles ...
— Critical and Historical Essays Volume 1 • Thomas Babington Macaulay
... pronounces it). You may imagine me seated on the extreme top of a high stool, forging like a young Cyclops with malignant pleasure, the writs and summonses which are presently to be flourished by the Sheriff in the face of the astonished Defendant." ...
— The Story of a Summer - Or, Journal Leaves from Chappaqua • Cecilia Cleveland
... you mercy, my Lord of Sussex," said Queen Elizabeth, interrupting him; "that matter was heard in council, and we will not have this fellow's offence exaggerated—there was no kissing in the matter, and the defendant hath put the denial on record. But what say you to his present practice, my lord, on the stage? for there lies the point, and not in any ways touching his former errors, in breaking parks, or the other follies you ...
— Kenilworth • Sir Walter Scott
... half-way through the case, that his client (the plaintiff) had omitted to serve a notice upon the defendant's attorney to produce a certain critical document, at the contents of which it was necessary to get, in order to make out the plaintiff's case. The objection was promptly taken by his opponent—and to the dismay of Sir William's clients. Not ...
— Blackwood's Edinburgh Magazine, Volume 59, No. 363, January, 1846 • Various
... 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 of every obsolete technicality, quirk, and precedent of the law to obstruct justice ...
— Eugene Field, A Study In Heredity And Contradictions - Vol. I • Slason Thompson
... the old Quaker assumed the position of a defendant of the pirates, protesting that the wickedness of the accused was enormously exaggerated. He declared that he knew some of the freebooters very well and that at the most they were poor, misdirected wretches ...
— Howard Pyle's Book of Pirates • Howard I. Pyle
... 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 ...
— Atlantic Monthly, Volume 11, Issue 67, May, 1863 • Various
... the little book on page 9 the cryer calls out "Then Sylvester, Sands, Drayton, Beaumont, Fletcher, Massinger, Shakespeare (sic) and Heywood, Poets good and true." This statement seems to be contradicted so far as Shakespeare is concerned by the defendant who says on page 31 "Shakespear's (sic) a mimicke" (that is a mere ...
— Bacon is Shake-Speare • Sir Edwin Durning-Lawrence
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