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Updated: May 13, 2025
Pickwick, the defendant, are you not? 'I have known Mr. Pickwick now, as well as I recollect at this moment, nearly 'Pray, Mr. Winkle, do not evade the question. Are you, or are you not, a particular friend of the defendant's? 'I was just about to say, that
On the other hand La Briere had come to the resolution of bidding Modeste an eternal farewell. Each suitor was therefore on the watch to slip in a last word, like the defendant's counsel to the court before judgment is pronounced; for all felt that the three weeks' struggle was approaching its conclusion.
And yet this same Judge, in pronouncing sentence, had expressly declared that the sentence should be a light one, as it was the defendant's first offence. The conclusion of the letter showed plainly enough that a conference had taken place between Justices Sherwood and Hagerman before the imposition of the penalty.
But if I were the defendant's counsel, I should suggest that the foundation of the acquisition of rights by lapse of time is to be looked for in the position of the person who gains them, not in that of the loser. Sir Henry Maine has made it fashionable to connect the archaic notion of property with prescription. But the connection is further back than the first recorded history.
A shyster lawyer need but to keep his client off the stand and he can saturate the jury's mind with any facts concerning the defendant's respectability and history which his imagination is powerful enough to supply.
The evidence against the New Hampshire judge showed intoxication and profanity on the bench and entire unfitness for office, but further evidence introduced in his behalf proved the defendant's insanity; and so the question at once arose whether an insane man can be guilty of "high crimes and misdemeanors?"
The prisoner glanced nervously at the jury. There was nothing in their faces to indicate the effect upon them of the opening statements. It seemed to the disinterested listeners as if the defendant's attorney had little confidence in his client's cause.
But, lo! this child makes his dramatic entrance into the presence of the court, and, under the inspired guidance of defendant's counsel, tells his story of eavesdropping, and when it is done my learned friend has the temerity to ask you to throw away your reason, to dismiss logic from your minds, to trample law under your feet, to scatter the evidence to the four winds of heaven, and to believe what?
But, however that might be, there could be no sort of doubt that the punishment awarded was wholly disproportionate to the offence, more especially when the defendant's circumstances were considered.
The Attorney-General replied that the absence of the defendant's counsel was not the fault of the Crown, and that he had been arraigned at the spring Assizes. The latter statement was denied by the defendant, and upon referring to the Clerk of Assize it appeared that there had been no arraignment.
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