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There was a peculiar sparkle in his eye as he offered this customary, perfunctory condolence. "Thank you," replied Burns, shortly. "I didn't wish to seem skeptical, and you certainly have had remarkable success in somewhat similar cases. But it seemed to me that in advising as I did I was holding the only safe ground.
So we fixed up a bed on the floor of a compartment for our sick man, and I put his family in to look out for him. When the train left we found ourselves, very much to our satisfaction, alone. I had telegraphed ahead to Burges to have hot water cases, then the only mode of heating cars in Europe, ready on our arrival. The engineer of our train was an Englishman.
On the other hand, manslaughter, quick, sudden, and unplanned, is the result of more or less inhuman instincts, and those who commit the crime are people who approach more or less nearly to wild beasts. For the advancement of science, murderers should not be hanged, but should be kept as interesting cases of insanity.
The envoy had brought with him a summary of the cases, with the names of all the merchants interested, and a list of all the marks on the sacks of money which had been stolen.
But our whole earlier history shows how varying the practice was in this respect, how single cantons, how a united minority of them often refused to acknowledge the resolutions of the majority; how differently the very Articles of Confederation themselves, and their right to enforce obedience were explained, or stretched, to suit particular cases.
There were no means of recognizing a man thus equipped, unless it might be by the stature, in cases in which the party was either unusually tall or unusually short. A middle-sized man was perfectly safe from recognition, so long as he did not speak and could keep his equipments.
Facts do not often exactly repeat themselves in practice; but cases with comparatively small variations from each other do. A judge who has long sat at nisi prius ought gradually to acquire a fund of experience which enables him to represent the common sense of the community in ordinary instances far better than an average jury.
With regard to each statement, we ask ourselves whether there is a probability of their being false or erroneous, or whether, on the other hand, there are exceptional chances in favour of good faith and accuracy, working through the list of critical questions prepared for particular cases. This list of questions must be always present to the mind.
We had seen an isolated case or two as we marched from town to town and village to village. We had not paid a great deal of attention to them, as we had considered such things the work of some drunken German soldier who had run riot and defied the orders of the officers. Though we had certainly seen one or more cases that had impressed us very deeply.
In Russia the small Asiatic cockroach has everywhere driven before it its great congener. One species of charlock will supplant another, and so in other cases.
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