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Updated: May 13, 2025
But the prejudice in favour of the prosecution I will not say against the defence was too much for me, and common sense, the defendant's declarations, and my eloquence all went for nothing." "Of course they produced the knife?" "Yes, they produced the knife." "It was in his pocket?" "Yes." "Have they that here?" "No, we haven't that here." "But you remember it?" "Remember it?"
But when I came there, a beautiful creature in a widow's habit sat in court, to hear the event of a cause concerning her dower. I no sooner met it, but I bowed like a great surprized booby; and knowing her cause to be the first which came on, I cried, like a captivated calf as I was, Make way for the defendant's witnesses.
Generally the defendant's word, so far as the jury can see, is as good as his accuser's. If there are other witnesses it is usually not difficult, and certainly not impossible, to show that they have poor eyesight, bad memories, or are undesirable citizens in general. The criminal lawyer learns in his cradle never to admit anything.
It might be hastily assumed that the action on the case is founded on the defendant's negligence. But if that be so, the same doctrine must prevail in trespass. It might be assumed that trespass is founded on the defendant's having caused damage by his act, without regard to negligence.
He did not hesitate to season his harangue by a sarcasm on the cast in the prosecutor's eye, or the wen on the defendant's neck, and to direct the attention of the court to these points, as though they were corroborative evidence of a moral deformity.
Then they took it before the magistrate, who gave judgment as follows: "The plaintiff began with a real deer and an alleged dream; and now comes forward with a real dream and an alleged deer. The defendant has the deer the plaintiff dreamed, and wants to keep it. According to his wife, however, the plaintiff and the deer are both but figments of the defendant's dream.
No reason has been brought to the attention of the writer why the admission of any evidence upon the defendant's trial tending to show that he was mentally irresponsible at the time of committing the crime should not be made contingent upon the defence of insanity having been specifically pleaded either at the time of his arraignment or later by substitution for or in conjunction with the plea of "not guilty."
The only alleged ground of illegality of the defendant's vote is that she is a woman. If the same act had been done by her brother under the same circumstances, the act would have been not only innocent but honorable and laudable; but having been done by a woman it is said to be a crime.
Another consideration affecting the argument that the law as to trespasses upon property establishes a general principle, is that the defendant's knowledge or ignorance of the plaintiff's title is likely to lie wholly in his own breast, and therefore hardly admits of satisfactory proof.
The constable told his tale without any material deviation from the truth, probably confident, from previous experience, that his accusation was sufficient to secure a conviction. On the defendant's behalf, the gentleman referred to, who was well known to the magistrate himself, was called, and he related the facts as we have above given them. Even Mr.
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