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Updated: May 6, 2025
"Honest contest with man or horse is no crime, but it is tragedy to stake all on the contest and lose," was the judge's grave and pedagogic comment. "We shall now hear from the counsel for defence his reason for conducting his cross-examination on such unusual lines. Latitude of this kind is only permissible if it opens up any weakness in the case against the prisoner."
The judge's perplexity was great: the affair became more and more complicated, the question remained as difficult, as uncertain as ever. All the appearances and evidences were at variance; probability seemed to incline towards one, sympathy was more in favour of the other, but actual proof was still wanting.
All the men of the town seemed to be present, from old man Dickey, the chicken thief and fisherman, to cold, aristocratic R. F. Russell, the banker. Rowdyish boys pushed and banged and howled, playing at hide-and-seek among the legs of the men, who filled every foot of standing space, or were perched on the railings or tables near the Judge's bench, from which the returns were being called.
Grodman's letter in that morning's paper shook him most; under his scientific analysis the circumstantial chain seemed forged of painted cardboard. Then the poor man read the judge's summing up, and the chain became tempered steel. The noise of the crowd outside broke upon his ear in his study like the roar of a distant ocean.
Then they heard a cheerful voice say: "I'm the teacher, gentlemen can any one show me the schoolhouse?" The miserable Mose looked ghastly, and tottered. A suspicion of a wink graced the judge's eye, but he exclaimed in a stern, low tone: "Square job, an' no backin'," upon which Mose took to his heels and the Placerville trail.
Among them were three blacks, two of whom I had seen at the judge's; and I remembered the intense admiration they had shown for Rochford, when in their presence he had expressed his liberal opinions, such as they were very unlikely ever before to have heard. The first person who grasped my hand was my father. "Maurice, my boy, thank Heaven you have come back," he said.
10 Finally, it should be observed that a person who has been outraged always has his option between the civil remedy and a criminal indictment. If he prefers the former, the penalty which is imposed depends, as we have said, on the plaintiff's own estimate of the wrong he has suffered; if the latter, it is the judge's duty to inflict an extraordinary penalty on the offender.
Kenric looked to the crowd that stood behind the judge's seat, and there he saw Ailsa Redmain standing with her brother Allan; and Ailsa's eyes glistened with approval of what Kenric had just spoken, and he took new courage. "Men of Bute," said Sir Oscar Redmain, turning to the ruthmen, "ye have heard what has passed. It is now for you to pronounce judgment upon the accused man. What say you?"
They are to have the assistance and advice of the judges, so far as they desire them; but the judgment itself must be theirs, and not the judgment of the court. Or he may order him into custody without a warrant when the offence is committed in the judge's presence. But there is no reason why a judge should have the power of punishing, for contempt, any more than for any other offence.
Besides that, she had a faculty of seeming to know more than she really did and so the impression left upon the Judge's mind, when the little party was over and he had returned from escorting Ethelyn to her door, was that Miss Grant was far superior to any girl he had ever met since Daisy died, and like the Judge in Whittier's "Maud Muller," he whistled snatches of an old love tune he had not whistled in years, as he went slowly back to his uncle's, and thought strange thoughts for him, the grave old bachelor who had said he should never marry.
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