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He reaches the end of his speech, bows, and the first witness is called. Before the testimony begins the judge looks at the defendant's counsel and asks him whether he wishes to state his defense. There is a different practice in this regard in different courts.
Moreover, a writing for a long time was only another, although more conclusive, mode of proof. The foundation of the action was the same, however it was proved. Hence it was, that debt lay equally upon a judgment, /2/ which established such a duty by matter of record, or upon the defendant's admission recorded in like manner. /3/ To sum up, the action of debt has passed through three stages.
"If, on the other hand and to the best of your judgment, there has been in the defendant's life extenuating circumstances, er a limitation of environment, home influence, close not the avenues of your fair judgment. "Did this man in the kind of er a frenzy he describes and to which witnesses agree he was subject, deliberately strain back the Ross woman's head until the nail penetrated?
Plea, robbery at sea with defendant's own goods. Gawdy, one of the judges who decided Southcote's Case, thought the plea bad; but Popham, C. J. said that, though it would not be a good plea for a carrier because he is paid for his carriage, there was a difference in this respect between carriers and other servants and factors.
In a vast number of cases he is successful. He appeals to the charity of the injured party, quotes a little of the Scriptures and the "Golden Rule," pictures the destitute condition of the defendant's family should he be cast into prison, and the dragging of an honored name in the gutter if he should be convicted.
And this deponent says, that having ascertained the defendant's real character, she demanded the restoration to her of said money by said defendant, when said defendant absconded from France and is now in this City and wholly refuses to return said amount of seven thousand five hundred dollars to deponent, or any part thereof; but said defendant has wrongfully converted said property to his own use, and now unlawfully detains the same from this deponent, at said city of New York, and is now, as deponent is informed and verily believes, about to quit this city, said defendant being only a transient boarder at the New York Hotel in this city.
As it is, I can only watch the defendant's proof of the genuineness of the instrument upon which he has obtained probate: one or more of the attesting witnesses may, if fraud has been practised, break down under a searching cross-examination, or incidentally perhaps disclose matter for further investigation."
Bassett was then called, and, being duly trained by Wheeler, abstained from all heat, and wore an air of dignified dejection. His counsel examined him, and his replies bore out the opening statement. Everybody thought him sure of a verdict. He was then cross-examined. Defendant's counsel pressed him about his unfair way of shooting. The judge interfered, and said that was trifling.
What was the defendant's object in his private conversation with Burns? He knew that Burns was out that night; that he lived near Brown Street, and that he had probably seen him; and he wished him to say nothing. He said to Burns, "If you saw any of your friends out that night, say nothing about it; my brother Joe and I are your friends."
It was an outrage for the judge to hold that the jury had not the right to consider the defendant's motive, and to find her innocent if she acted without any intent to violate the law. In the case of the inspectors, it was an outrage to refuse defendants' counsel the right to address the jury.
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