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Updated: May 20, 2025
San Francisco is not the only city in the United States in which defendants in grave criminal cases have recourse to every conceivable and possible means, without scruple, to procure their own acquittal, or the utmost modification of the penalty, by proving extenuating circumstances, or that the indictment magnifies the crimes.
He sets forth that the court refused to admit testimony upon these subjects, and to these points; and ruled that the old government and laws of the State were in full force and power, and then existing, when the alleged trespass was made, and that they justified the acts of the defendants, according to their plea. I will give a few references to other proceedings of this new government.
At last they agreed to a compromise, and the verdict delivered was: "We are unanimously of opinion that the book in question is calculated to deprave public morals, but at the same time we entirely exonerate the defendants from any corrupt motives in publishing it."
During the ensuing assizes in the Northern Province he visited several country towns, where in the crowd of suitors and defendants he could, without attracting special notice, meet and converse with those he desired to gain over. On this tour he received the important accession of Sir Phelim O'Neil of Kinnaird, in Tyrone, Sir Con Magennis of Down, Colonel Hugh McMahon of Monaghan, and Dr.
The captain was then called up, and he deposed to different charges against the defendants such as taking beforehand, or in reversion, several small farms over the heads of poor but solvent tenants, turning them adrift on the world, and converting their small agricultural farms into one or more large farms for grazing; thereby adding to the number of the destitute, and contracting the supply of agricultural produce the payment to his laboring men of only eight-pence a day, which he compounded for in kind potatoes, milk, &c, at twice, at least, what those commodities fetched him in the neighboring markets.
As between the two defendants, in my opinion, the principal penalty should be imposed on the corporation. The traffic manager in this case, presumably, acted without any advantage to himself and without any interest in the transaction, either by the direct authority or in accordance with what he understood to be the policy or the wishes of his employer.
The Spaniards posted behind the said defences, seeing the pirates come, began to ply them with their great guns; but these perceiving them ready to fire, used to stoop down, and when the shot was made, to fall upon the defendants with fire-balls and naked swords, killing many of the town: yet notwithstanding, not being able to advance any farther, they retired, for the present: then they renewed the attack with fewer men than before, and observing not to shoot till they were very nigh, they gave the Spaniards a charge so dextrously, that with every shot they killed an enemy.
Such was the situation, when these defendants, having been assured by their counsel that all further struggle would be hopeless, turned for help to the enterprising young lawyer who, in that very place, had been for the previous three and a half years pushing his way to notice in his profession.
The clerk rapped for order and turned to the foreman. "Gentlemen of the jury, have you agreed upon a verdict?" he intoned. "We have," answered the foreman unhesitatingly. "How say you, do you find the defendants guilty or not guilty?" "We find both of them guilty!" replied the foreman. A slight shiver passed through Gottlieb's little body and for a moment the blood sang in my ears.
People soon began to assemble, some on foot, and others on horseback and in waggons Pugnose's tavern was all bustle and confusion Plaintiffs, Defendants, and witnesses, all talking, quarreling, explaining, and drinking.
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