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He refuses to let it go to the jury because he thinks it would befog them or turn their attention away from the "legal issue" or, in other words, from the one little point on which the law compels the plaintiff and defendant to concentrate their dispute, in order to render it triable at all by the peculiar tribunal which the Anglo-Saxon race has chosen for the protection of its rights.
It is easy to befog an issue by misstating facts, but the facts are here to speak for themselves, and that Morse temporarily abandoned his first idea, because he had not the means at his disposal to embody it in workable form and had recourse to another method for producing practically the same result, only shows wonderful ingenuity on his part.
Let the "legal fraternity" reflect that a lawyer is one whose profession it is to circumvent the law; that it is a part of his business to mislead and befog the court of which he is an officer; that it is considered right and reasonable for him to live by a division of the spoils of crime and misdemeanor; that the utmost atonement he ever makes for acquitting a man whom he knows to be guilty is to convict a man whom he knows to be innocent.
He might be slow; he might be on the stupid side; but he could disguise himself. He had a variety of disguises, each designed to befog the public more hopelessly than the last. Going down the street, you would meet a typical commercial traveller, dapper and alert. Anon, you encountered a heavily bearded Australian.
Make me think of what I read about the pearl divers when they see an old hungry man-eating shark waiting above 'em; they stir up the sand with the sharp-pointed stick they carry; and when the water gets foggy they swim away without the fish being able to see 'em. And you're atrying right now to befog the real case, which is, did you really see anything, or get scared at your own shadow." "Hear!
On the 28th our brigade with some others went toward Centerville, in Fairfax county, and thence turning away came back into Prince William and took position on a part of the ground whereon the first battle of Manassas had been fought. Ewell's division, which had been left behind to befog Pope's mind and retard his movements, joined us and completed the defensive line of Jackson's entire corps.
November proved to be a bad month for the kaiser's naval forces. During the first week the U-8 was lost in the North Sea. Berlin reported that the vessel had stranded. Whether this version was correct cannot be learned, the British policy of concealing submarine captures, in order to befog Berlin, cutting off information from that source. This month also cost the British several ships.
It does not in reality stand there, nor has it ever done so, but consideration for the interests of the living compels me to conceal its exact location, and so to befog the public as to its whereabouts that its identity may never be revealed to its disadvantage.
People were guilty even of a slavish admiration of those who had the nerve to administer this wholly disproportionate reproof to the merely maladroit. It could be done only by one whom all the world had conspired to befog and befool about his importance in the scheme of things. Small wonder the girl, too, was bewildered. For no one seemed to dream of resenting what had occurred.
He did not seek to befog a question by an extensive quotation of authorities. He endeavored to strip the rules of their technicalities and to apply to them the principle of common sense.
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