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I've no doubt it'll sarve you jest the same way, and I'll go and fetch it right straight off." But the mission of the good woman was prevented by the complainant's insisting that he was much better, would presently be well, and wished to retire for the night.
"I think my client wants to consult me outside for one minute," he said. "Have I your consent to withdraw?" The commissioner nodded and Munjoy turned to Feldman. "What the deuce are you trying to do, Feldman?" he asked as complainant's counsel returned. "If the commissioner pleases," Feldman said, "we consent to a dismissal of the extradition proceedings and to a discharge of the prisoner."
At the conclusion of the complainant's case, if it appear reasonably certain that the magistrate will "hold" the prisoner for the action of a superior court, the lawyer will then "waive further examination," or, in other words, put in no defence, preferring the certainty of having to face a jury trial to affording in prosecution an opportunity to discover exactly what defence will be put in and to secure evidence in advance of the trial to rebut it.
"Gentlemen," said the elder watchman, drawing back, "this is no common brawl; we have been shamefully beaten by this here madman, and for no earthly cause." "Who ever did beat a watchman for any earthly cause, you rascal?" cried the accused party, swinging his walking cane over the complainant's head with a menacing air. "Very true," cried Tarleton, coolly.
A transitional case is that of Brace Bros. v. Evans in 1888. In that case an injunction against a boycott was justified on the ground that the value of the complainant's physical property was being destroyed when the market was cut off.
The problem was to establish the principle of irreparable injury to the complainant's property. This was a simple matter when the strikers were guilty of trespass, arson, or sabotage. Then they damaged the complainant's physical property and, since they were usually men against whom judgments are worthless, any injury they might do was irreparable. But these were exceptional cases.
The governor, anxious perhaps to please the new visiting director, who was reported to be a Roman Catholic, took the complainant's part.
The latter felt himself disarmed, for it is chiefly in a brawl they have power; then words are spoken in anger which rouse the passions of the complainant's friends. In this case, after vociferating some time, the would-be offended party came and said to my man that, if they exchanged some small gift, all would be right, but, my man taking no notice of him, he went off rather crestfallen.
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