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When these considerations are duly weighed, in connection with his language in the passage of his Diary, just quoted "I saw a most charming instance of prudence and patience" in the Judges: "My compassion upon the sight of their difficulties," "raised by my journeys to Salem, the chief seat of those diabolical vexations" it seems necessary to infer, that his opportunities of seeing all this, on the occasions of his "journeys to Salem," must have been afforded by attending the Examinations, held by the Magistrates who were also Judges; as it is established, by his own averment, that he never saw them on the Bench of the Court, at the Jury-trials.
"You already have it," Harleston replied wearily. "Then, sir, we'll take your word and withdraw." "Thank you," said Harleston. "He has it somewhere!" Crenshaw declared, fingering his revolver. "My dear fellow," Marston returned, "we are willing to accept Mr. Harleston's averment." "He knows where it is he took it let him tell where it is hidden." "What good will that subserve?
As stated, the principal averment against the President, was his alleged violation of the Tenure-of-Office Act in the removal of Mr. Stanton from the office of Secretary of War, presented in various phases throughout the Articles of Impeachment.
Busey says: 'To state the issue plainly, the averment must be made that no conscientious physician would deliberately and wilfully kill a fœtus, if he believed that the act was a violation of the commandment "Thou shalt not kill." It has been well said by Barnes, the ablest and most conservative defender of craniotomy, that 'it is not simply a question for medicine to decide.
This incident seems to have suggested to the assembled councillors a method of effecting or at least of announcing the desired accommodation, and of paying at the same time a happy compliment to their reverend visitors. This proud averment of their annalists, confirmed as it is for more than half the period by the evidence of their white neighbors, cannot reasonably be questioned.
It makes my heart ache to think of those trowsers not believing trowsers essential to blessedness either, but knowing the superiority of the old Roman costume of the kilt. No sooner had Mrs. Falconer cast her eyes upon him than she could not but be convinced of the truth of Robert's averment. 'Here he is, grannie; and gin ye bena saitisfeed yet 'Haud yer tongue, laddie.
Fictio, in old Roman law, is properly a term of pleading, and signifies a false averment on the part of the plaintiff which the defendant was not allowed to traverse; such, for example, as an averment that the plaintiff was a Roman citizen, when in truth he was a foreigner.
It is fully admitted that he did not personally attend any of them. His averment to this effect does not allow the supposition that he could have deceived himself, on such a point.
My readers, therefore, will not be surprised to learn, by a plain averment of the simple truth, that not one of all the score of ladies, whose names had been coupled with his own, would Doctor Bugbee have married, if he could, and that to none of them had he ever given any good reason for believing that she stood especially high in his esteem.
The merits 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.
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