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Tuesday, April, 21., will be sufficient time. The case is continued until that day. Witnesses' names will now be called." The following witnesses for the prosecution were in court and were placed upon their recognizances of $100 each to be in court on April, 21.: J. B. Lock, Dr. A. B. Heyl, Henry Motz and Harry and Will Hedger.
This woman had already been punished, without being found guilty, with three times the punishment she ought to have received had she been found guilty. A month's imprisonment would have been excessive. Prisoners should always be released on their own recognizances where there is a reasonable expectation that they will appear.
A moderate bail for your appearance when called on, and your own recognizances for the same object, will suffice." "I am quite willing to do the latter; but as to bail, I repeat it, I have not one I could ask for such a service." "No relative? no friend?" "Come, come, young gentleman," said M'Dougall, speaking for the first time; "recollect yourself.
Philadelphia lawyers carry green bags full of briefs, remarkable for everything but brevity; also statutes, recognizances, tenures, double-vouchers, fines, recoveries, indentures, not to mention quiddities, quillets, quirks and quips. Philadelphia lawyers have high foreheads and many clients. Lawyers are educated men, looked up to and respected by all this was the Abbey idea.
We were prepared, if the defendants had announced openly in this Court that having acted in error as the jury found of which finding I think they are entitled to the benefit but still having been, after a fair and impartial trial, found by the jury guilty of doing of that which was an offence against the law, they were ready to submit to the law and to do everything in their power to prevent the further publication and circulation of a work which has been declared by the jury to be a work calculated to deprave public morals, we should have been prepared to discharge them on their own recognizances to be of good behavior in the future.
Our first duty was now to remove the wounded man to the high road, about which both he himself and his second seemed disposed to make some difficulty; they spoke together for a few moments in a low tone of voice, and then the doctor addressed us "We feel, gentlemen, this is not a time for any concealment; but the truth is, we have need of great circumspection here, for I must inform you, we are both of us bound over in heavy recognizances to keep the peace."
He even offered, at last, to accept my own recognizances to the small amount of fifty pounds, without any other security. I refused the offer. To give bonds to keep the peace seemed like an acknowledgment that I had attempted or threatened to break it; and I had done no such thing.
It sometimes gave equitable relief to carry out a charitable purpose in a will, which would otherwise fail. It interfered repeatedly in probate proceedings. It released sureties in judicial recognizances. Pease, 8 Conn. But may not a power be judicial in its nature and yet not wholly so?
The boats to be kept tight; carry four oars, one mast and sail; boatmen to treat passengers civilly; to give notice half an hour before they depart, by bell ringing; not to stop more than ten minutes by the way, nor to go alongside a vessel, without acquainting the wharfinger; and the proprietors to keep entry-books, under the penalty of forfeiting the bond and recognizances entered into at the time their license was granted.
I therefore treated this man's crime as one of a very mitigated character, no harm having been done to the second woman, and released him on his own recognizances to come up for judgment if he should be called upon. I would not revisit upon him his past misdeeds. The other man I sent into penal servitude for five years.
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