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The affidavit then went on to state that the defendant had given the plaintiff good grounds for seeking for a divorce and that she was without means to engage counsel or prepare for trial.
You know, Carton, as well as I do that if they charged him with just plain fighting and got him before a jury, all you would have to say would be, 'Gentlemen, the defendant at the bar is the notorious gangster, Dopey Jack. And the jurors wouldn't wait to hear any more, but'd say, 'Guilty! just like that. And he'd go up the river for the top term.
Judge Otterbourg ruled out the testimony. "Put this down on the record," said Mr. Hummel. "Counsel for defendant excepts and insists that the question is admissible on the ground that the complainant having sworn that she did not write a letter to Mr.
The testimony of Judge Wash is alone sufficient to substantiate the claim of Polly Crockett Berry to the defendant as being her own child." The case was then submitted to the jury, about 8 o'clock in the evening, and I was returned to the jail and locked in the cell which I had occupied for seventeen months, filled with the most intense anguish.
By another law, the judges, for so the jury were called, were to be chosen by the party impleaded, after the manner of the Danish nem-bas; by which, probably, is to be understood that the defendant had the liberty of taking exceptions to, or challenging the jury, as it was afterwards called." Crabbe's History of the English Law, p. 55.
The case was moved for trial on the twelfth of March, 1906, before Judge Warren W. Foster, in Part Three of the Court of General Sessions in New York. The defendant was arraigned at the bar without counsel, owing to the absence of his lawyer through sickness, and Mr. Lewis Stuyvesant Chanler, the later Lieutenant-Governor of the State, was assigned to defend him.
They have no lawyers, but every man is his own advocate; and both the complaint of the accuser and the answer of the defendant are in manner of petition delivered to the Emperor, entreating justice at his hands.
Tutt," offered the court, smiling, but Mr. Tutt shook his head. "No; let it stand!" said he significantly. "Let it stand!" "Well, anyway," continued Mr. Brown, "this here defendant Lowry, as he calls himself, is well known " Objected to and struck out. "Well, this here defendant makes a practise " "Strike it out! What did he do?" snapped the octogenarian baboon on the bench.
The State had already spent some $25,000, and yet its experts had never had the slightest opportunity to examine or interrogate the defendant, for the latter had not taken the stand at the first trial.
In all these cases it will be found that there has been a voluntary act on the part of the person to be charged. The reason for this requirement was shown in the foregoing Lecture. Unnecessary though it is for the defendant to have intended or foreseen the evil which he has caused, it is necessary that he should have chosen the conduct which led to it.
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