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Thus it happened that suit continued to be tendered in those cases where it had been of old, /4/ and as the defendant, if he did not admit the debt in such cases, always waged his law, it was long before the inquest got much foothold.
His counsel pleaded that his death might have been caused by drinking cold water in a state of excitement. The Judge charged the jury, that it would be their duty to find the defendant guilty, if they believed the death was caused by the whipping; but if they were of opinion that drinking cold water caused the death, they would find him not guilty! The jury found him NOT GUILTY!" Dr.
If they had any reasonable doubt and such a doubt might of course be raised by evidence of previous good character they would of course give it to the defendant and acquit him, but such a doubt must be no mere whim, guess or conjecture that the defendant might not after all be guilty even if the evidence seemed so to demonstrate; it must be a substantial doubt based on the evidence and such a one as would influence them in the important matters of their own daily, domestic and business lives.
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.
No costs were charged to either complainant or defendant in any case, either civil or criminal, but if a person brought complaint without just and sufficient cause, the law provided that they should be examined by the Court, and if found sane, they should be imprisoned for one year at hard labor, and if insane, to be sent immediately to the Lunatic Asylum.
Deposition of the Honourable Samuel Smith, Senator of the United States for the state of Maryland, a witness produced, sworn, and examined in a cause depending in the Supreme Court of the state of New-York, between James Gillespie, plaintiff, and Abraham Smith, defendant, on the part and behalf of the defendant, as follows: 1st.
The bailor has the power and intent to exclude the bailee from the goods, and therefore may be said to be in possession of them as against the bailee. /4/ On the other hand, a case in Rhode Island /1/ is against the view here taken. A man bought a safe, and then, wishing to sell it again, sent it to the defendant, and gave him leave to keep his books in it until sold.
The sum recovered is merely nominal, and the payment is nothing more than a formal acknowledgment of the owner's title; which, considering the effect of prescription and statutes of limitation upon repeated acts of dominion, is no more than right. /1/ All semblance of injustice disappears when the defendant is allowed to avoid the costs of an action by tender or otherwise.
He was not there at all: he was in the village, and he could call witnesses to prove it. The Clerk reminded the audience that there was such a thing as imprisonment for perjury. Then the defendant turned savagely on the first witness, and admitted the truth of his statement by asking what he said when collared in the lane.
"An affray also came off recently, as the same correspondent writes us, in Raymond, Hinds co., Miss., which for a serious one, was rather amusing. The sheriff had a process to serve on a man of the name of Bright, and, in consequence of some difficulty and intemperate language, thought proper to commence the service by the application of his cowskin to the defendant.
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