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Tiffany used continually all kinds of diplomacies to keep him at his business, from which he stubbornly refused to retire. When they had driven their bargain, Eleanor guided and wheedled him to the office. The methodical Attwood, having his man there, thumped a pile of papers down before the Judge, representing that this demurrer must be in on Tuesday, that case tried or continued next week.
Thus, might a divine say: Will he arrest the judgments of God by a demurrer? Thus, again, Hamlet apostrophizes the lawyer's skull by the technical terms used in actions for assault, &c. Besides, what proper term is there in English for expressing a compromise?
In the next place, we ought to argue that the fault which the accused person is imputing to another, is a lighter one than that which he himself committed; in the next place, we ought to employ some portion of a demurrer, and to show by whom, and through whose agency, and how, and when that matter ought to have been tried, or adjudged, or decided.
A demurrer, a motion in abatement, or in arrest of judgment, was canvassed with a deeper interest by the people of the provinces than by even the distinguished Bar, which were arrayed on either side. Mr. O'Connell's infallibility in law engaged the anxious solicitude, the pride, the passions of Ireland. Yet throughout that long trial the question which would test it was not mooted.
He never learned the technicalities, what some would call the tricks, of the profession. The sleight of plea and demurrer, the legerdemain by which justice is balked and a weak case is made to gain an unfair advantage, was too subtle and shifty for his strong and straightforward intelligence.
Therefore, those arguments which are brought forward in that way, are said to be the foundations of causes, although those which are brought forward in opposition to the plan of the defence, are no more so in reality than the principles of the defence themselves; but for the sake of distinction, we call that a reason which is urged by the party on his trial in the way of demurrer for the sake of repelling an accusation; and unless he had such a refuge he would have nothing to allege by way of defence: but the foundation of his defence is that which is alleged by way of undermining the arguments of the adversary, without which the accusation can have no ground to stand upon.
The deeds of the preceding reign had bequeathed a sort of legendary credence to the wildest tales gossip could invent under a demurrer. But there was the fact, the earl was away. Lady Charlotte's party buzzed everywhere. Her ladyship had come to town to head it.
It was a move more brave than wise; for it prevented the other galley from returning to the attack without exposing herself a second time to the English broadside; and a desperate attempt of the Spaniards to board at once through the stern-ports and up the quarter was met with such a demurrer of shot and steel that they found themselves in three minutes again upon the galley's poop, accompanied, to their intense disgust, by Amyas Leigh and twenty English swords.
Such was the way in which a royal Governor of the Stuart school dealt with a people filled with patriotic concern for their country. It is the dealing of a small man. If he can escape the charge of deliberate falsehood, it is only, on demurrer, by the plea of a contemptible quibble.
Nor do I see any reason why a believer in God, one who bows at the shrine of Mind-Stuff, or one who refuses to commit himself at all upon such matters, should enter a demurrer. The Parallelist and the Interactionist, however widely they differ touching the relation of mind and body, may here fall upon one another's necks and shed tears of brotherly affection.
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