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Updated: May 13, 2025
The defendant's physicians came to court brimming with facts to which they could testify; while the State's experts had only the barren opportunity for determining the defendant's condition afforded by observing him daily in the court room and hearing what Thaw's own doctors claimed that they had discovered.
The defendant's wife immediately set up a sobbing, varied occasionally by a shriek; the infant woke up and cried, and two or three women of the same party behind began to talk in excited tones about 'Shame. The sentence was 2l. and costs an announcement that caused a perfect storm of howling and crying. The defendant put his hands in his pockets with the complacent expression of a martyr.
"Brace up, Ben, brace up, my boy," said the defendant's lawyer, half apologetically. "I did what I could for you, but you can never tell what a jury will do. You won't be sentenced till to-morrow morning. In the meantime I 'll speak to the judge and try to get him to be easy with you. He may let you off with a light fine." The negro pulled himself together, and by an effort listened.
Ruef's trial went on with renewed vigor three days after the attempted killing, though the defendant's attorneys exhausted every expedient for delay. It was a case so thorough and complete that nothing could save the prisoner. He was found guilty of bribing a Supervisor in the overhead trolley transaction and sentenced to serve fourteen years in San Quentin penitentiary.
"Don't try to re-re-re-reconcile 'em. Can't. I-I wa-wa-was talkin' then. I'm sw-sw-swearin' now." Dic sprang to his feet, exclaiming: "If the Court please, I wish to enter a plea of guilty to the charge against me." "Your plea will not be accepted," answered the Court. "I am beginning to see the cause for the defendant's peculiar behavior in this case. Mr. Sheriff, please subpoena Miss Rita Bays."
'I saw the defendant's van go down the lane, he says: 'It bean't my van, interrupts the defendant; 'it's my brother's. 'You'll have an opportunity of speaking presently, says the Clerk. 'After the van went down the lane, it stopped by the highway-road, and the horse was taken out. The women left the van with baskets, and went towards the village. 'Yes, yes; come to the point.
The clerk stamped it with the file-mark of the Court, and returned it to the Squire, who read aloud the motion and affidavit, setting forth the facts of the defendant's failure to receive the notice in time to prepare for her defence, and of the accident which had contributed to delay her appearance, declaring that she had a just defence to the plaintiff's bill, and asking to be heard upon the facts.
A plaintiff must be entitled to offer evidence to a jury that the so-called critic has stated that, although he called the plaintiff's book dull and clumsy, he really thought it a delightful masterpiece; or he must be limited to inviting judge and jury to study the defendant's article. Who would be satisfied that justice had not slept if such evidence were excluded?
If a man swear that his neighbour has put him in bodily fear, he may have the cause of his terror sent to gaol; thus the feelings of the plaintiff become the measure of the defendant's guilt. As we cannot extend this convenient principle to all matters of taste, and all subjects of risibility, we are still compelled to acknowledge that no accurate definition of a bull has yet been given.
The object of these "fictiones" was, of course, to give jurisdiction, and they therefore strongly resembled the allegations in the writs of the English Queen's Bench, and Exchequer, by which those Courts contrived to usurp the jurisdiction of the Common Pleas: the allegation that the defendant was in custody of the king's marshal, or that the plaintiff was the king's debtor, and could not pay his debt by reason of the defendant's default.
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