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Updated: May 13, 2025
"Besides, we shall want to produce witnesses. Make it to-morrow afternoon, judge." Judge Harrison leaned forward. "Are you sure you wouldn't prefer to have the hearing now?" he inquired with a smile at the trembling boy. "Well, I want to get Froelich here if you're going to proceed now," spoke up Delany. "And I'd like to look up this defendant's record at headquarters." Tony quailed.
By these means the defendant's life was saved, and Douglas, notwithstanding various decisions of his against them, earned the gratitude of the religious enthusiasts. There is a story that some years later, when he was no longer a judge, but a major in a militia regiment sent on an expedition against Nauvoo, he was ordered to take a hundred men and arrest the "twelve apostles."
Clearly the delivery would be sufficient consideration to enable the owner to declare in assumpsit for the breach of those duties which arose, irrespective of contract, from the defendant's having undertaken to deal with the thing. /1/ It would be a sufficient consideration for any promise not involving a dealing with the thing for its performance, for instance, to pay a thousand dollars. /2/ And the law has not pronounced the consideration good or bad according to the nature of the promise founded upon it.
In civil cases the jurisdiction is divided, the question at issue being adjudicated by a tribunal of the defendant's nationality; but in criminal cases jurisdiction is wholly reserved. Therefore powers making treaties with Oriental nations establish within the latter's borders consular courts which exercise what is called "extraterritorial jurisdiction."
As defendant's counsel are furnished with copies also, they cannot plead 'surprise, as in the introduction of new matter, and as plaintiff's counsel relies evidently upon the jury's attention to his opening, he would not be the first person to distract it." After a pause he added, addressing the Colonel, who remained standing, "The Court is with you, sir; proceed."
It was too evident that the sympathy of the jury and the increasing throng of spectators was with the witness, and that they took delight in the discomfiture of the defendant's counsel. "May it please the Court," said Mr. Cavendish, "after the disgraceful confessions of the witness, and the revelation of his criminal character, it will not comport with my own self-respect to question him further."
The undertaking to redistribute losses simply on the ground that they resulted from the defendant's act would not only be open to these objections, but, as it is hoped the preceding discussion has shown, to the still graver one of offending the sense of justice.
"May it please the Court," returned Colonel Starbottle with dignity, ignoring the counsel, "the defendant's counsel will observe that he is already furnished with the matter which I regret to say he has treated in the presence of the Court and of his client, a deacon of the church with er -great superciliousness.
The man, seeing her eyes fixed upon him, and being convinced of her supernatural powers, grew afraid, broke down, and publicly confessed his attempted fraud, into which he said he had been led by envy of his cousin, the defendant's, riches. Rachel gave judgment accordingly, commanding that he should pay the costs in cattle and a fine to the King, and warned him to be more upright in future.
I jedge from the defendant's testimony that he HAS got a set of the dishes, and I also jedge, from my experience and three years' dealings with him, that he's too public-spirited to keep 'em, provided he's paid four times what they're worth. Now my idea is this; Rogers will bring those dishes down here tomorrer and we'll put 'em on exhibition in the hotel parlor.
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