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Updated: May 13, 2025
The prosecuting attorney briefly summed up the evidence, and characterized it as almost a mathematical proof of the prisoner's guilt. He reserved his eloquence for the closing argument. The defendant's attorney had a headache, and secretly believed his client guilty. His address sounded more like an appeal for mercy than a demand for justice.
Precisely on that account, it was argued, an acquittal would outrage Canaan and lay it open to untold danger: such people needed a lesson. The Tocsin interviewed the town's great ones, printing their opinions of the heinousness of the crime and the character of the defendant's lawyer.... "The Hon.
Yes, sir; they were fowls and potatoes, and Lorimer never went over but Fletcher was there." There was a great laugh from the riders of Carrington, and the defendant's lawyer frowned. "Are you a friend of the witness Lorimer?" "I hope so," Jasper answered simply. "If ever I meet you on the prairie I'll endeavor to convince you." "Were you a friend of Thomas Fletcher's?" The answer was emphatic.
The rejoinder was insulting, and so she had him arrested in order that "he might disclose those dreadful things he pretended to know about me." There was a hearing of the lady's case before Judge Jones of the Superior Court, when most of the foregoing particulars of Miss Stille's history was drawn from her in cross-examination by the defendant's counsel.
The sheriff was able to give some first-hand testimony concerning the defendant's nocturnal habits. But the community's excitement slumped to sullen anger when the jury brought in its verdict and Juan Soto smiled as he departed from the court-house a free man. Things had reached a pass where a vigilance committee appeared to be the appropriate climax.
Sometimes one of the contending parties, most commonly the plaintiff, need only propose the matter, as most to his advantage, and then it will be enough for him to say: "I ask for a certain sum of money due to me according to agreement; I ask for what was bequeathed to me by will." It is the defendant's business to show that he has no right to such a debt or legacy.
A man may recover damages against another for maliciously and without probable cause instituting a criminal, or, in some cases, a civil prosecution against him upon a false charge. The want of probable cause refers, of course, only to the state of the defendant's knowledge, not to his intent. It means the absence of probable cause in the facts known to the defendant when he instituted the suit.
It is directed to the sheriff or other proper executive officer, and requires him to seize and sell the defendant's property or, as the case may be, to arrest and imprison him, to turn him out of possession of certain lands, or to take some other active step against one who has been adjudged in the wrong, in order to right the wrong, as the judgment may command.
But the Attorney-General, after keeping the prosecution impending over the defendant's head for many months, had seen fit to abandon it. The times, in fact, had ceased to be propitious for libel prosecutions, and some other way out of the difficulty had to be found.
How corrupt and venal was a bench that made the law of the land a nullity when a great personage was the law-breaker! He flung himself in the defendant's way as he left the court, and struck him across the breast with the flat of his sword. "An unarmed man, Sir John! Is that your old-world chivalry?" Fareham asked, quietly.
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