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Defendant   /dɪfˈɛndənt/   Listen
Defendant

noun
1.
A person or institution against whom an action is brought in a court of law; the person being sued or accused.  Synonym: suspect.



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"Defendant" Quotes from Famous Books



... great deal of talk about the matter, and they quickly settled the part each one was to play. The Cadi took his seat gravely, and an officer introduced first Ali Cogia, the plaintiff, and then the merchant who was the defendant. ...
— The Arabian Nights Entertainments • Andrew Lang.

... being decidedly wasted. Thumb-nail artists and expert kodak manipulators were retained at extravagant salaries, and special dress reporters were in high demand. An enterprising Paris firm of costume builders presented the defendant Duchess with three special creations, to be worn, marked, learned, and extensively reported at various critical stages of the trial; and as for the cinematograph agents, their industry and persistence was untiring. Films ...
— Beasts and Super-Beasts • Saki

... further, I pray them so to dispose your hearts that you will suffer me to conduct my case in accordance with my original intention and design, without interruption from my adversary, I shall be asking no more than justice. When I listen to the defendant's words, and then reflect upon the treatment I have received from him, I know not how I am to reconcile the two. You will presently find him holding a language scarcely distinguishable from my own: yet examine into his conduct, and you will see, from the lengths to which he has ...
— Works, V3 • Lucian of Samosata

... seemingly compromising nature, such as the effects attributed to the eating or even the handling of celery; but such accounts, harrowing as they may appear, are insufficient to warrant a bar sinister. Indeed, not only is the mass of evidence in favor of the defendant, but it casts a reflection upon the credibility of the plaintiff, who may usually be shown to have indulged immoderately, to have been frightened by hallucinations or even to have arraigned the innocent for his own guilt. Certain it is that ...
— Culinary Herbs: Their Cultivation Harvesting Curing and Uses • M. G. Kains

... in 1852, at Trenton, New Jersey, there appeared in the Circuit Court of the United States two men, the legal giants of their day, to argue the case of Goodyear vs. Day for infringement of patent. Rufus Choate represented the defendant and Daniel Webster the plaintiff. Webster, in the course of his plea, one of the most brilliant and moving ever uttered by him, paused for a moment, drew from himself the attention of those who were hanging upon his words, and pointed to his client. He would have them look at the man ...
— The Age of Invention - A Chronicle of Mechanical Conquest, Book, 37 in The - Chronicles of America Series • Holland Thompson

... had waited, until well on into the night, the decision of the tribunal. The defendant appeared animated by hope. She had become a woman again: she was talking placidly with him and smiling at the gendarmes and eulogizing the army.... "Frenchmen, gentlemen, were incapable ...
— Mare Nostrum (Our Sea) - A Novel • Vicente Blasco Ibanez

... frequently violate their oaths in favour of life. In civil suits, on the other hand, they too often forget that their duty is merely to give the plaintiff a compensation for evil suffered; and, if the conduct of the defendant has moved their indignation and his fortune is known to be large, they turn themselves into a criminal tribunal, and, under the name of damages, impose a large fine. As housebreakers are more likely to take plate and jewellery than to cut throats; as juries are far more likely to err on the side ...
— The History of England from the Accession of James II. - Volume 5 (of 5) • Thomas Babington Macaulay

... that eight Jurors or two-thirds of them (if any were absent through sickness or any other reasonable cause), in every case could bring in a verdict of guilty in criminal cases or for the Complainant or Defendant in civil cases, and if eight did not find the Defendant guilty, the case was dismissed-but if guilty the Defendant had only to say "I appeal," and a copy of the evidence was sent immediately to the Supreme Court, composed of Judges, elected by the people, one from each district, ...
— Eurasia • Christopher Evans

... Heney worked on. Another jury brought a verdict of "not guilty" at the second trial of a trolley-bribe defendant. Some of the newspapers had changed by almost imperceptible degrees, were veering toward the cause ...
— Port O' Gold • Louis John Stellman

... commencement of this suit, said Dr. Emerson sold and conveyed the plaintiff, said Harriet, Eliza, and Lizzie to the defendant, as slaves, and the defendant has ever since claimed to hold them and each of ...
— History of the Negro Race in America from 1619 to 1880. Vol. 2 (of 2) - Negroes as Slaves, as Soldiers, and as Citizens • George Washington Williams

... trivial action on his part, no matter how innocent his intent, will not bring him within reach of the criminal law. He is, moreover, denied the right of trial by jury, his case usually being decided off-hand by a bored and unsympathetic magistrate who has no knowledge of the defendant's tongue. Moreover, the company's laws permit the punishment of unruly laborers by flogging, with a maximum of twelve lashes. In view of the remoteness of most of the estates, it is scarcely necessary for me to point out that this is a form of punishment ...
— Where the Strange Trails Go Down • E. Alexander Powell

... Kamp-fight ordeal of the Saxons. I will only (says Mr. P.) mention an instance. It was when the unfortunate armourer entered into the lists, on account of a false accusation of treason, brought against him by his apprentice, in the reign of Henry VI. The friends of the defendant had so plied him with liquor, that he fell an easy conquest to his accuser. Shakspeare has worked this piece of history into a scene, in the second part of Henry VI., but has made the poor armourer confess his treasons in his dying moments; for in the time in which this custom prevailed, ...
— The Mirror of Literature, Amusement, and Instruction, - Volume 12, No. 329, Saturday, August 30, 1828 • Various

... to say. At this stage of the proceedings, a gentleman well known to you as a rising lawyer of this place before the war commenced, and better known since then as a gallant and meritorious officer, appears as her defendant. You have heard his defense. The act of taking the money is not denied, but in his defense he claims that it was committed through dire necessity. It is true that a defense of this nature is a somewhat extraordinary one, ...
— The Trials of the Soldier's Wife - A Tale of the Second American Revolution • Alex St. Clair Abrams

... the island of Hispaniola, and though without foundation, as her acquittal proved, yet they were subjected to the payment of very heavy expenses. It is to be observed, that in no country does government pay the costs of a defendant in any prosecution, and that often, though the party be acquitted, there may have been colorable cause for the prosecution. However this may have been in the present case, should the parties think proper to endeavor, ...
— Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson - Volume I • Thomas Jefferson

... a good plea in those days to an action for assault, battery, and false imprisonment, that the plaintiff was a lunatic, and that therefore the defendant had arrested him, confined ...
— Chapters in the History of the Insane in the British Isles • Daniel Hack Tuke

... so much as a reasonable doubt of the justice of the laws, the benefit of that doubt must be given to the defendant, and not to the government. So that the government must keep its laws clearly within the limits of justice, if it would ask a jury to enforce ...
— An Essay on the Trial By Jury • Lysander Spooner

... corrected the half-lie which accompanies so many whispered self—accusations. Confidences and confessions are too often a means of evasion of justice—a laying of the case for the plaintiff before a judge without allowing the defendant to be present or to call a witness. Rachel, by dint of long experience, which did slowly for her the work of imagination, had ceased to wonder at the faithfully chronicled harsh words and deeds of generous souls. She knew or guessed at the unchronicled treachery or deceit which had brought ...
— Red Pottage • Mary Cholmondeley

... and no jury is ever impaneled except in cases concerning the liberty of the press. When a newspaper is accused of libel or sedition, the complainant, whether he be a member of the police or any other official of the government, chooses three jurymen, the defendant three, and the court three. These nine men hear and decide the merits of the case without application of such strict rules of evidence as prevail in the legal practice of the United States. All judicial procedure in Sweden is based upon ...
— Norwegian Life • Ethlyn T. Clough

... defendant's youth and beauty and (seeming) timidity were able to modify my savagery, for a time—and meantime question and answer were going on. She had risen to her feet with the first question; and there she stood, with ...
— Innocents abroad • Mark Twain

... Paradoxically, however, Collins searched with a zealot's avidity for any controversy which would either assert his faith or test his disbelief. When once he found his engagement, he revelled in it, whether as the aggressor or the harassed defendant. For example, in the "Preface" to the Scheme of Literal Prophecy Considered he boastfully enumerated all the works—some twenty-nine—which had repudiated his earlier Discourse on the Grounds and Reasons of the Christian ...
— A Discourse Concerning Ridicule and Irony in Writing (1729) • Anthony Collins

... refresher. And so he is taken to his corner by his client and dosed with another L100. Then all his ardour returns. He sees the thing as clear as daylight—the radiant innocence of the plaintiff, the black perfidy of the defendant. To-morrow evening the vision will have faded again, but another L100 will make it as plain as ever. Yes, it is a good word—"refresher"—a candid word, an honest word. It puts the relation on a sound business footing. There is no sham sentiment ...
— Pebbles on the Shore • Alpha of the Plough (Alfred George Gardiner)

... understanding that the man's means were large and his purse well filled, ran in a violent hurry cum gladiis et fustibus[53] to clap up a right grievous suit against him, looking not for an amendment of misbelief in the defendant, but for the filling of his own hand with florins to ensue thereof (as indeed it did,) and causing him to be cited, asked him if that which had been ...
— The Decameron of Giovanni Boccaccio • Giovanni Boccaccio

... and M. Antonius. The first of these is AEMILIUS SCAURUS (163-90? B.C.), the haughty chief of the senate, the unscrupulous leader of the oligarchical party. His oratory is described by Cicero [31] as conspicuous for dignity and a natural but irresistible air of command; so that when he spoke for a defendant, he seemed like one who gave his testimony rather than one who pleaded. This want of flexibility unfitted him for success at the bar; accordingly, we do not find that he was much esteemed as a patron; but for ...
— A History of Roman Literature - From the Earliest Period to the Death of Marcus Aurelius • Charles Thomas Cruttwell

... Court I had occasion to avail myself of Mr. Sidney's marvellous ability as an expert in handwriting. The case turned entirely upon his testimony, although some twenty witnesses testified on each side that they had seen the defendant write, and that, in their opinion, the signature was or was not genuine. Mr. Sidney did not arrive till the moment the case was about to be given to the jury, and I had no opportunity of conversing with him, except to ...
— Stories by American Authors, Volume 2 • Various

... [The Defendant in a recent breach of promise case wrote to his intended, "When we are married you will have to sit with me when I ...
— Punch, Or The London Charivari, Volume 102, January 23, 1892 • Various

... prosecution there was that in the leading counsel's manner—a gravity, a kindness, an inclination to neglect the commoner methods of scoring—that suggested, with the sudden chill of unexpectedly bad news, a foregone conclusion. The reality of his feeling reference to the painful position of the defendant's father, the sincerity of his regret on behalf of the bank, for the deplorable exigency under which proceedings had been instituted, spread a kind of blankness through the court; men frowned thoughtfully, and one or two ladies shed furtive tears. Even the counsel ...
— The Imperialist • (a.k.a. Mrs. Everard Cotes) Sara Jeannette Duncan

... from its commencement, and stated the impression, to the disadvantage of O'Mara, which the tale originally told by the two witnesses was calculated to make. But, on hearing the cross-examination of those witnesses, and seeing no evidence against the defendant but from sources so impure and corrupt—recollecting the severe penalties of the Vagrant Acts, and sitting there not merely as a judge, but also exercising the functions of a jury, he could not bring himself to convict ...
— The Gaming Table: Its Votaries and Victims - Volume I (of II) • Andrew Steinmetz

... signed by some 20,000 sympathetic persons all over the United States. Clergymen, philanthropists, and prominent public men, were among the signers, as well as the jurors who convicted and the sheriff who locked up the defendant. ...
— The Armies of Labor - Volume 40 in The Chronicles Of America Series • Samuel P. Orth

... observation where the accused Negro was not only tried without being represented by counsel, but on ex parte evidence, the black defendant not being permitted to testify in his own behalf or to introduce proof. These cases were not ...
— Twentieth Century Negro Literature - Or, A Cyclopedia of Thought on the Vital Topics Relating - to the American Negro • Various

... Lady Mordaunt was insanity. The Prince of Wales, though not specified in the indictment, was so widely gossiped about as being connected with the case that he asked to be heard and swore positively that there had been no improper relations between himself and the defendant. Two of the Judges on Appeal—Lord Penzance and Mr. Justice Keating—agreed with the jury's verdict that Lady Mordaunt was insane, while Chief Baron Kelly differed. The woman in the case was for years afterwards confined in a lunatic asylum, and it has long since ...
— The Life of King Edward VII - with a sketch of the career of King George V • J. Castell Hopkins

... him. Disengaging himself from a group of men at the corner of the square, the defendant in the case of Kenwright vs. Billings made a ...
— Viola Gwyn • George Barr McCutcheon

... restricted to the observing of all judicial formalities, authentic papers, citations of witnesses and challenges of testimony, interrogatories and pleadings, allegation of canons, laws and precedents, presence of the defendant, opposing arguments, delays in procedure, publicity and scandal. Before the slow march and inconveniences of such a trial, the bishop often avoided giving judgment, and all the more because his verdicts, even when confirmed by the ecclesiastical ...
— The Origins of Contemporary France, Volume 6 (of 6) - The Modern Regime, Volume 2 (of 2) • Hippolyte A. Taine

... remonstrate to him, that it was the rule to hear the other side before they gave judgment. Curiosity to know what could be said in so clear a case, rather than any respect to their rules, made him defer his decision; but the defendant's counsel had scarcely begun to open his cause, when his majesty appeared greatly discomposed, and was so puzzled as they proceeded, that he had no patience to hear them out, but starting up in a passion, cried, "I'll ...
— The Book of Three Hundred Anecdotes - Historical, Literary, and Humorous—A New Selection • Various

... process of weeding out the jury, which, when it came his turn, Rumpety performed with a free hand. The prosecution having dismissed some half-dozen men and "passed" the jury, the defendant began his inquisition. He asked no unnecessary questions, gave no reasons for his prejudices, but with unalterable decision declared, "I won't have that man on the jury at all!" or, "I don't ...
— Peak and Prairie - From a Colorado Sketch-book • Anna Fuller

... with four stomachs, and capacity for oyster-eating that must have thrown the late Mr Dando into despair, is nothing more than an attempt to make the whole affair ridiculous, and allow the conduct of the defendant to escape the obloquy it deserved, under cover of the laughter excited by so ludicrous an image. If there were any "coups meurtriers" in the case, we will venture the long odds that the mark of them was left in the ogles, or other undefended ...
— Blackwood's Edinburgh Magazine, Volume 57, No. 356, June, 1845 • Various

... Whether with ale irriguous, or champaign? Whether they tread the vale of prose, or climb, And whet their appetites on cliffs of rhyme; The college sloven, or embroider'd spark; The purple prelate, or the parish clerk; The quiet quidnunc, or demanding prig; The plaintiff tory, or defendant whig; Rich, poor, male, female, young, old, gay, or sad; Whether extremely witty, or quite mad; Profoundly dull, or shallowly polite; Men that read well, or men that only write; Whether peers, porters, ...
— The Poetical Works of Edward Young, Volume 2 • Edward Young

... the midshipmen—a serious act of insubordination, which, according to the laws then in force, entailed corporal punishment on its perpetrator. I immediately called a court-martial, which, having heard witnesses and defendant, according to regulations, sentenced the man to a certain number of strokes with the rope's end. The hour for carrying out the sentence came, the crew was mustered, the officers in their places and under ...
— Memoirs • Prince De Joinville

... a theatre for rhetorical display, insisted that it should sit, like every other criminal tribunal, de die in diem, till the verdict was delivered. And he enforced both upon the managers of the House of Commons and on the counsel for the defendant the wholesome rules of procedure established for the detection of crime and the protection of innocence."[152] It is well known that on the trial of Hastings the managers of that impeachment, and most especially Burke, claimed a right of giving evidence ...
— The Constitutional History of England From 1760 to 1860 • Charles Duke Yonge

... "No, sir. I'm the defendant myself," replied Bobtail, pleasantly; for the arrival of the captain seemed to settle all his trouble. "I am in stays just now, caught in going about, and there I hang. If you will just give me a pull on the lee side, ...
— Little Bobtail - or The Wreck of the Penobscot. • Oliver Optic

... Fitzherbert's "Grand Abridgment,"[313] and had found, that duelling is a very ancient part of the law: for when a man is sued, be it for his life or his land, the person that joins the issue, whether plaintiff or defendant, may put the trial upon the duel. Further he argued, under favour of the court, that when the issue is joined by the duel in treason or other capital crimes, the parties accused and accuser must fight in their own proper persons: but if the dispute be for lands, you may hire a champion ...
— The Tatler, Volume 1, 1899 • George A. Aitken

... so taketh hearing of causes, either in Forma iuris, or de iure & aequo. Hee substituteth some Gentleman in the Shire of good calling and discretion, to be his Vice-Warden, from whom either partie, complainant or defendant, may appeale to him, as from him (a case of rare experience) to the Lords of the Councill, and from their Honours to her Maiesties person: other appeale or remoouing to the ...
— The Survey of Cornwall • Richard Carew

... come, Conn," the Judge greeted him. Now that the defendant had arrived, the trial could begin. "I wish your father could have gotten here. I asked him to come, but he had a prior engagement. A meeting with some of the financial people here, about some company he's ...
— The Cosmic Computer • Henry Beam Piper

... who were prominent through merit and hated those who behaved insolently, even on the very slightest grounds. This Servilius while walking had once met on the road a man on horseback, who so far from dismounting on his approach spurned him violently aside. Later he recognized the fellow in a defendant of a case in court, and when he mentioned the affair to the judge, they paid no further attention to the man's ...
— Dio's Rome, Vol. III • Cassius Dio

... was in a shyp of his fathers in tyme of sore wether / & whan all other for feare of lesynge them selfe forsoke the shyp & gate them into the bote: he onely abode / and by chaunce was safe brought into the hauen / wherupon he chalengeth the vessell for his / where as the party defendant wyll lay against hym that he is abdicate or for- saken of his father / and so can nat by the law haue any parte ...
— The Art or Crafte of Rhetoryke • Leonard Cox

... great Semitic trial of this issue, Job takes refuge in silence and submission; the Indian and the Greek, less wise perhaps, attempt to reconcile the irreconcilable and plead for the defendant. To this end, the Greeks invented Theodicies; while the Indians devised what, in its ultimate form, must rather be termed a Cosmodicy. For, although Buddhism recognizes gods many and lords many, they are products of the cosmic process; and transitory, however long enduring, manifestations of ...
— Evolution and Ethics and Other Essays • Thomas H. Huxley

... Court. Before Aldermen Gossage and Neil. Thomas Lynch, charged with being drunk and disorderly and with assaulting a constable. Defendant rescued a woman from custody, kicked the constable, and threw stones at him. Fined 3s. 6d. for the first offence, and 10s. ...
— The People of the Abyss • Jack London

... defendant must do his fighting without weapons. He cannot allege in his defence that the offending work was put forth for a legitimate, necessary and decent purpose;[59] he cannot allege that a passage complained of is from a standard work, ...
— A Book of Prefaces • H. L. Mencken

... as in drama, and their speeches are like tirades from a tragedy of Racine. But here Dryden's rhetorical habit and his fondness for reasoning in rime run away with him, and make his art inferior to Boccaccio's. Sigismonda argues her case like counsel for the defendant. She even enjoys her own argument and carries it out with ...
— A History of English Romanticism in the Nineteenth Century • Henry A. Beers

... their parents, the wife that of her husband, the freedman that of his patron; and in all causes where the parties were of different nations, the plaintiff or accuser was obliged to follow the tribunal of the defendant, who may always plead a judicial presumption of right, or innocence. A more ample latitude was allowed, if every citizen, in the presence of the judge, might declare the law under which he desired to live, and the national society to which he chose to belong. ...
— The History of The Decline and Fall of the Roman Empire - Volume 3 • Edward Gibbon

... peril has just been disclosed in the publication of the Motu Proprio Papal Decree, under which the bringing by a Roman Catholic layman of a clergyman of his Church into any civil or criminal procedure in a court of law, whether as defendant or witness, without the sanction previously ob tamed of his bishop, involves to that layman the extreme penalty of excommunication. The same penalty appears to be incurred ipso facto by any Roman Catholic Member of Parliament who takes part in passing, and by every executive officer ...
— Against Home Rule (1912) - The Case for the Union • Various

... juryman, "didn't the defendant give back the goods if they were not what she wanted?" Both lawyers are on their feet. There is a mute appeal to the court; both sides are afraid to object to the question for they think the juryman may have a prejudice if he were stopped. The judge usually comes to the rescue and tells the ...
— The Man in Court • Frederic DeWitt Wells

... against him in September, before a court whose business was not to adjudicate, but to lay its conclusions before the Pope himself. Cranmer declined to recognise the authority, answering the charges brought against him not as a defendant on trial but as making a public profession of his views. Judgment however could not be passed till the results were submitted to the Pope. In the meantime, Ridley and Latimer were condemned under legatine authority, and were ...
— England Under the Tudors • Arthur D. Innes

... and the most captious member of his church or vestry. He has an immense advantage over all other public speakers. The platform orator is subject to the criticism of hisses and groans. Counsel for the plaintiff expects the retort of counsel for the defendant. The honorable gentleman on one side of the House is liable to have his facts and figures shown up by his honorable friend on the opposite side. Even the scientific or literary lecturer, if he is dull or incompetent, may ...
— The Essays of "George Eliot" - Complete • George Eliot

... charge against him was burglary. There had been a fire in a dry goods store, where some of the merchandise had not been entirely consumed. The place had been boarded up to protect, for the time being, the damaged articles. Several boys, among them this defendant, had pulled off a board or two, and were helping themselves to the contents of the place, when the police arrived. The others got away, and this was the only one caught. The attorney asked the boy if he wanted ...
— How to Get on in the World - A Ladder to Practical Success • Major A.R. Calhoon

... witness-box, that the commanding officer of the battery had felt quite giddy, and the presiding judge had perpetrated the cheap witticism that the entire German army might have been fed for a month on the cattle that the defendant had bullied into existence. He, Wegstetten, had hardly been in a humour to enjoy the joke, when the senior major (that detestable Lischke, in whose bad books he already stood), who was commanding the regiment during the colonel's absence on leave, had ...
— 'Jena' or 'Sedan'? • Franz Beyerlein

... question which has been most sharply brought to public attention is the larger legal significance of the Indian's induction into citizenship. This has made itself manifest not only in a great access of litigation in which the citizen Indian figures as a party defendant and in a more widespread disposition to levy local taxation upon his personalty, but in a decision of the United States Supreme Court which struck away the main prop on which has hitherto rested the Government's benevolent effort to protect him against the evils of intemperance. The court holds, ...
— State of the Union Addresses of Theodore Roosevelt • Theodore Roosevelt

... by counsel and attorney there at Guildford does appear, Asking damage of the villain who seduced his lady dear: But I can't help asking, though the lady's guilt was all too clear, And though guilty the defendant, wasn't the plaintiff ...
— Ballads • William Makepeace Thackeray

... separate from the personal interest inevitably connected with a case to which there were two such parties as a brutal, sensual, degraded ruffian, on one side in character of accuser, and on the other as defendant, a meek angel of a woman, timid and fainting from the horrors of her situation, and under the licentious gaze of the crowd—yet, at the same time, bold in conscious innocence, and in the very teeth of the suspicions which beset her, winning the good opinion, ...
— The Uncollected Writings of Thomas de Quincey, Vol. 2 - With a Preface and Annotations by James Hogg • Thomas de Quincey

... left out to men, added Hiram, with an air equally balanced between doubt and assurance, but which judge Temple understood to mean certainty; I some think that I am appointed a referee in the case myself; Jotham as much as told me that he should take me. The defendant, I guess, means to take Captain Hollister, and we two have partly agreed on Squire Jones for ...
— The Pioneers • James Fenimore Cooper

... with which the pagan natives are necessarily unacquainted, has given rise in their palavers to (what I little expected to find in Africa) professional advocates, or expounders of the law, who are allowed to appear and to plead for plaintiff or defendant, much in the same manner as counsel in the law-courts of Great Britain. They are Mohammedan negroes, who have made, or affect to have made, the laws of the prophet their peculiar study; and if I may judge from their harangues, which I frequently ...
— Travels in the Interior of Africa - Volume 1 • Mungo Park

... the object to be gained in each? b. In respect to the party that is the plaintiff? c. In respect to the consequences to the defendant if the ...
— Civil Government in the United States Considered with - Some Reference to Its Origins • John Fiske

... Court pronounces the defendant—dead! She can resume her former ties at will, Or may renounce them, if such be her will. She is no more a daughter, or a spouse, Unless she choose, and is set free to form New ...
— Verses • Susan Coolidge

... all crimes which the police are called upon to investigate, the identity of the guilty person is soon established. The baffling problem is to obtain evidence, admissible in a court of law, which will convince a jury of the defendant's guilt. Even though a person's guilt be apparent to all, the difficulties in shattering the protecting wall which the law erects around every accused man or woman, are frequently insuperable. Evidence which convinces the police or the prosecuting attorney ...
— The Substitute Prisoner • Max Marcin

... was laid on the defendant, to the extent that he must prove that the slave in question had been imported at least five years before the prosecution. The slaves were still left to the disposal of ...
— The Suppression of the African Slave Trade to the United States of America - 1638-1870 • W. E. B. Du Bois

... or damage amounting to 40s. were to be heard on both sides as in other courts, the verdict being given by a jury of twelve miners; but in lesser causes by the Constable of the Court. Provision was also made that "every defendant have twenty-four hours' notice to provide for his defence," every witness being allowed 12p. a-day, the fees of the Court remaining the same as before, all which, as well as the defendant's time, the plaintiff losing ...
— The Forest of Dean - An Historical and Descriptive Account • H. G. Nicholls

... few seconds after he has done this, to recollect if he has forgotten any thing. The witnesses to whom he has referred then rise up and tell all they themselves have seen or heard, but not any thing that they have heard from others. The defendant, after allowing some minutes to elapse so that he may not interrupt any of the opposite party, slowly rises, folds his cloak around him, and, in the most quiet, deliberate way he can assume—yawning, blowing his nose, etc.—begins to explain the affair, denying the charge, or admitting ...
— Missionary Travels and Researches in South Africa - Journeys and Researches in South Africa • David Livingstone

... court for such act, he may cause such suit to be immediately removed into the Circuit Court of the United States; and if the State court refuse a copy of its record, that record may be supplied by affidavit; and if the defendant be under arrest, or in custody, he is to be brought by habeas corpus before the Circuit Court of the United States. Under the first part of these provisions, writs of mandamus and injunction may be issued, ...
— The New England Magazine Volume 1, No. 6, June, 1886, Bay State Monthly Volume 4, No. 6, June, 1886 • Various

... summon [the defendant] to court (in ius), he (the defendant) shall go. If he (the defendant) go not, he (the plaintiff) shall call a witness thereto. Then only he (the plaintiff) shall take ...
— The Twelve Tables • Anonymous

... patrimony; but I submit that no government lawyer would ever think of setting up the plea that the owner of that peculiar strip of land was an impostor. The man might have no title-deeds to produce, to be sure; but counsel for the defendant would plead that neither did he require any. 'This man's title' (counsel would say) 'is—occupation for a thousand years. His evidences are—the allowance of the State throughout that long interval. Every procession to St. Stephen's—every procession ...
— The Causes of the Corruption of the Traditional Text of the Holy Gospels • John Burgon

... most celebrated coffee cases under the Pure Food Act was tried in Chicago, February, 1912. The question was, whether in view of the long-standing trade custom, it was still proper to call an Abyssinian coffee (Longberry Mocha) Mocha. The defendant was charged with misbranding, because he sold as Java and Mocha a coffee containing Abyssinian coffee. The court decided that the product should be called Abyssinian Mocha;[321] but since then, general acceptance has obtained of the government's viewpoint as expressed in F.I.D. No. 91, which was ...
— All About Coffee • William H. Ukers

... pertinaciously returned all letters directed to Aspinwall, with "no such place known" marked upon them in the very spot for which they were intended. And, in addition to this, the legal authorities refused to compel any defendant to appear who was described as of Aspinwall, and put every plaintiff out of court who described himself as ...
— Wonderful Adventures of Mrs. Seacole in Many Lands • Mary Seacole

... on my own account," said Wodehouse,—"it's no pleasure to me to be here. I'm staying for your brother's sake and—other people's; it's no pleasure to me, by Jove! I'd go to-morrow if I had my way—but I aint a fool," continued the sulky defendant: "it's of no use asking me such questions. By Jove, I've other things to think of than girls; and you know pretty well how much money I've got," he continued, taking out an old purse and emptying out the few shillings it contained into his hand. When he ...
— The Perpetual Curate • Mrs [Margaret] Oliphant

... gentlemen! We have seen gold-fish and silver-fish, but golden eels are first discovered by this defendant The apostle, in Holy Writ, caught a fish with a coin in its mouth; but this man leaves the apostle in the dim distance when he finds eels that are all money. No storied fisherman of Bagdad, catching enchanted princes ...
— Eli - First published in the "Century Magazine" • Heman White Chaplin

... committed the alleged adultery and gave proof that his income was not as stated. Attorney Tessier evaded the evidence of adultery, but fought hard against the evidence of prosperity. Referee Firth made his report finding the defendant guilty of the statutory offense, and ordered a decree of divorce, with a diminished alimony. He appended a transcript of the evidence and filed it with the Clerk of the County of New York. The statutory fee for a referee was ten dollars a day, but the lawyers had quietly agreed ...
— We Can't Have Everything • Rupert Hughes

... exclaimed the judge, in unbounded astonishment. "It was raving madness in you to refuse the plaintiff's brief; but to accept the defendant's—" ...
— Ishmael - In the Depths • Mrs. E. D. E. N. Southworth

... imagination, or did the silence and the suspense grow more intense when a deputy led that dark-hooded, white-clad, slender woman to the defendant's chair? She did not walk with the poise that had been manifest in the other women, and she sank into the chair as if she ...
— The Rainbow Trail • Zane Grey

... departed! His marshals would have to make returns upon their writs similar to that of the Kentucky constable. A Kentucky fight once occurred at a tavern on 'Bar Grass!' One of the combatants broke a whisky bottle over the head of his antagonist. The result was a State's warrant. The defendant fled through a corn-field, over the creek, into a swamp, and there climbed a stump. Seating himself in the fork, he drew his 'bowie,' and as the constable approached in pursuit, ...
— Perley's Reminiscences, Vol. 1-2 - of Sixty Years in the National Metropolis • Benjamin Perley Poore

... his bed the lawyer sees, And takes the plaintiff's and defendant's fees. His fellow pick-purse, watching for a job, Fancies his fingers in the ...
— The Poems of Jonathan Swift, D.D., Volume I (of 2) • Jonathan Swift

... jury had to consider was, whether the defendant had published the letter set out in the information, and whether the inuendos, imputing a particular meaning to particular words, as that 'the K——' meant His Majesty King George III., but that they were not to consider whether the publication was 'false and malicious,' these being mere formal ...
— International Miscellany of Literature, Art and Science, Vol. 1, - No. 3, Oct. 1, 1850 • Various

... on the face. The second boy is as great a coward as he is a thief. He comes up and makes his complaint to the master. The master then has a trial by jury. He does not knock one head against the other according to the old custom, but he hears both plaintiff and defendant, and having got the facts, he submits to the children themselves whether it was right in the one boy to take with violence What was not his own, and shews them which is the more to blame. Then they decide on the sentence; perhaps some ...
— The Infant System - For Developing the Intellectual and Moral Powers of all Children, - from One to Seven years of Age • Samuel Wilderspin

... arguments held solely on the hypothesis that, in the action brought by Austria against Serbia, no Power had the right to come forward as counsel for the defendant, or to interfere in the trial at all. This claim amounted to depriving Russia of her historic role in the Balkans. Carried to its logical conclusion, the theory meant condemning unheard every small State that should be unfortunate enough to have a dispute with a great Power. According to the principles ...
— World's War Events, Vol. I • Various

... well-known character who frequently was called to act along with other good men and true. As soon as they had retired to deliberate on the evidence they had heard, he would button up his coat and "turn in" on a bench, exclaiming, "Gentlemen, I'm for bringing in a verdict for the plaintiff (or the defendant, as he had settled in his mind), and all Creation can't move me. Therefore as soon as you have all agreed with me, wake me up and we'll ...
— Law and Laughter • George Alexander Morton

... innumerable laws and reading twenty pages of incomprehensible judicial Latin, made an offer to the litigants to throw dice; if an even number fell then the plaintiff was right; if an odd number the defendant was right. ...
— The Awakening - The Resurrection • Leo Nikoleyevich Tolstoy

... Court the defendant appeared by his solicitor, who asked that the hearing of the summonses might be adjourned, pending the action in the High Court. This ...
— Berry And Co. • Dornford Yates

... for the plaintiff might as well sit down,' he said, 'and save his breath. I've decided this case in favor of the defendant long ago. It is plain to every one that Cerberus is only one dog, in spite of his many talents and manifest ability to be in several places at once, and inasmuch as the tax which is sued for is merely ...
— The Enchanted Typewriter • John Kendrick Bangs

... made a counter statement to the following effect: O'Cahan had no estate in the territory that was by a corruption of speech called O'Cahan's country; nor did he or any of his ancestors ever hold the said lands but as tenants at sufferance, servants and followers to the defendant and his ancestors. His grandfather Con O'Neill was seised in fee of those lands before he surrendered to Henry VIII., 'and received yearly, and had thereout, as much rents, cutting, spending and all other duties as of any other ...
— The Land-War In Ireland (1870) - A History For The Times • James Godkin

... had not been strictly legal; and on the establishment of peace, Hook, under the advice of Mr. Cowan, a gentleman of some distinction in the law, thought proper to bring an action of trespass against Mr. Venable, in the district court of New London. Mr. Henry appeared for the defendant, and is said to have disported himself in this cause to the infinite enjoyment of his hearers, the unfortunate Hook always excepted. After Mr. Henry became animated in the cause, says a correspondent [Judge Stuart], ...
— Southern Literature From 1579-1895 • Louise Manly

... out of a matrimonial case, in which the defendant appealed to Canterbury against a sentence of the sub-dean of Hereford, he was at last excommunicated by the Archbishop for refusing to go to discuss the affair with him at Lambeth. At Rome he obtained a favourable decree, but died in Tuscany on the ...
— Bell's Cathedrals: The Cathedral Church of Hereford, A Description - Of Its Fabric And A Brief History Of The Episcopal See • A. Hugh Fisher

... Yet her dislike of one husband who happened for a time to be her own has not in the least impaired her affections for the husbands, actual or to be, of others. No lady can be considered truly Corinthian unless she has figured as the defendant in an action for goods supplied by a milliner. It is thus that the Public learns the Corinthian value of silks, and satins, and laces, ...
— Punch, or the London Charivari, Volume 98, March 1, 1890 • Various

... market town of Henley-in-Arden, and he is first mentioned in the borough records as paying in that month a fine of twelve-pence for having a dirt-heap in front of his house. His frequent appearances in the years that follow as either plaintiff or defendant in suits heard in the local court of record for the recovery of small debts suggest that he was a keen man of business. In early life he prospered in trade, and in October 1556 purchased two freehold tenements at Stratford—one, with a garden, in Henley Street (it adjoins that now ...
— A Life of William Shakespeare - with portraits and facsimiles • Sidney Lee

... PLEADING, or plea in abatement, was the defeating or quashing of a particular action by some matter of fact, such as a defect in form or the personal incompetency of the parties suing, pleaded by the defendant. It did not involve the merits of the cause, but left the right of action subsisting. In criminal proceedings a plea in abatement was at one time a common practice in answer to an indictment, and was set up for the purpose of defeating the indictment as framed, by alleging ...
— Project Gutenberg Encyclopedia

... 1854, the defendant, in pursuance of an agreement between counsel, and with the leave of the court, pleaded in bar of ...
— Cotton is King and The Pro-Slavery Arguments • Various

... failed to recognize in the railroad official a skilful pleader for the special interests—the interests of the few against those of the many. Hence he was preparing to go to the new field with a rather strong prepossession in favor of the defendant corporation. In their later conversation Gantry had intimated pretty broadly that there was room for an assistant corporation counsel for the railroad, with headquarters in the capital of the Sage-brush State. Blount assumed that the requirements, in the present crisis at least, would be ...
— The Honorable Senator Sage-Brush • Francis Lynde

... mislaid the judge's name, but his court room is in New Bedford, Mass. Before him appeared a defendant who, hoping for leniency, pleaded, "Judge, I'm ...
— Best Short Stories • Various

... whether a dozen laymen ever can see a legal point. But every newspaper reader, too, remembers an abundance of cases in which the decision of the jury startled him by its absurdity. Who does not recall sensational acquittals in which sympathy for the defendant or prejudice against the plaintiff carried away the feelings of the twelve good men and true? For them are the unwritten laws, for them the mingling of justice with race hatreds or with gallantry. And even in the heart of New York a judge recently said ...
— Psychology and Social Sanity • Hugo Muensterberg

... November the rector, in consequence of squabbles, insults, and frauds, had brought actions against more than half his parishioners; by which the attornies, counsellors, and courts were in the end the only gainers, while plaintiff and defendant most ardently concurred and rejoiced in the ruin of each other. But so it is: anger, avarice, and law are terrible things; and malice and selfishness ...
— The Adventures of Hugh Trevor • Thomas Holcroft

... government officers, ranchmen, miners, Indians, Chinamen, negroes. Three fourths of them were called by the defendant Morgan, but no matter, their testimony invariably went in favor of the plaintiff Hyde. Each new witness only added new testimony to the absurdity of a man's claiming to own another man's property because his farm had slid down on top of it. Then the Morgan lawyers made ...
— Innocents abroad • Mark Twain

... examination before the magistrates of the police-office at Union Hall, could assign no motive for the deed; and after two more examinations he was discharged, the duke declining to prosecute. The next appearance of his grace of Normandy at a police-office was in character of defendant. It seems that he had turned his attention to the art of pyrotechnics, and his explosive experiments were so alarming to the quiet neighbourhood of Camberwell, that he was summoned to answer for his conduct; but on promising ...
— Tales for Young and Old • Various

... changed, and the plaintiff had taken the place of the defendant. Even before the excitement had quieted down, I saw the sheriff, at the instigation of Reigart and others, stride forward to Gayarre, and placing his hand upon the shoulder of the latter, ...
— The Quadroon - Adventures in the Far West • Mayne Reid

... sold in Liverpool recently the public analyst found two grains of crystallized sulphate of copper, a quantity sufficient to injuriously affect human health. The defendant urged that the public insisted upon having green peas; and that artificial means had to be resorted to to secure the ...
— Scientific American Supplement, Vol. XIX, No. 470, Jan. 3, 1885 • Various

... having been made of the matter contained in the 17th article, that therefore, although it may all have been admitted by the answer to be true, yet in justice, if from that answer you ground the charge, it is necessary the defendant should be ...
— The Works of the Right Honourable Edmund Burke, Vol. XII. (of XII.) • Edmund Burke

... or instituted by either of the said parties hereto his heirs executors or administrators against the other of them his heirs executors or administrators before the party or parties his or their heirs executors or administrators who is or are to be a party or parties defendant or defendants in such suit or suits shall have refused or declined to refer the matters in difference to arbitration pursuant to the stipulation hereinbefore contained or the referees or their Umpire shall have ...
— The History of "Punch" • M. H. Spielmann

... you have them. You have been strongly suspected of foul play—of giving them into the hands of the defendant." ...
— Secret Band of Brothers • Jonathan Harrington Green

... very much work; in most of the cases that came before them the plaintiff and defendant were both of the same race. One piece of recorded testimony is rather amusing, being to the effect that "Monsieur Smith est un grand vilain coquin." [Footnote: This and most of the other statements for which no authority is quoted, are based on ...
— The Winning of the West, Volume Two - From the Alleghanies to the Mississippi, 1777-1783 • Theodore Roosevelt

... 9th of Dec., Capt. Knowls produced the body of Sommersett in Court. Lord Mansfield, after a preliminary examination, referred the matter to the Court of King's Bench, and, therefore, took sureties, and bound Sommersett over 'till 'the 2nd day of the next Hillary term.' At the time appointed the defendant with counsel, the reputed master of the Negro man Sommersett, and Capt. John Knowls, appeared before the court. Capt. Knowls recited the reasons that led him to detain Sommersett: whereupon the counsel for the ...
— History of the Negro Race in America From 1619 to 1880. Vol 1 - Negroes as Slaves, as Soldiers, and as Citizens • George W. Williams

... ever went to sea that hadn't a mock trial on board. The purser was accused of stealing an overcoat from stateroom No. 10. A judge was appointed; also clerks, a crier of the court, constables, sheriffs; counsel for the State and for the defendant; witnesses were subpoenaed, and a jury empaneled after much challenging. The witnesses were stupid and unreliable and contradictory, as witnesses always are. The counsel were eloquent, argumentative, and vindictively abusive of each other, as was characteristic ...
— Innocents abroad • Mark Twain

... and Mrs. Hugh Fraser on one side and Sir Ernest Satow and Professor Chamberlain on the other, it is indeed discouraging to write anything Japanese in English. The only advantage I have over them is that I can assume the attitude of a personal defendant, while these distinguished writers are at best solicitors and attorneys. I have often thought,—"Had I their gift of language, I would present the cause of Japan in more eloquent terms!" But one who speaks in a borrowed ...
— Bushido, the Soul of Japan • Inazo Nitobe

... claim, until you are legitimately in court, and recognized by the judges.' I take it that plea would avail. And if the crier wanted to employ a person to sweep the court-room the next moment, he could employ that defendant to do it. There is not a man in the rebel States (whom we publicly know of) who has a standing under the Constitution regarding this slavery question. By his own argument he lives in a foreign country; by our own argument he is not rectus in curia. Were I an ...
— Continental Monthly - Volume 1 - Issue 3 • Various

... report of the case, will remember how I handled the matter in my speech. 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 ...
— Dark Hollow • Anna Katharine Green

... offender, and obtained the Vicar's consent, he being the legal prosecutor. The case was heard by a bench of magistrates composed entirely of clergy and churchwarden squires, who naturally sympathized with us, and, quite logically, convicted the defendant in a fine, I think, of about 25s. and costs, or a term in Worcester Gaol in default. The defendant refused to pay a farthing and was removed in custody; but later our dear old Vicar, very generously, came forward ...
— Grain and Chaff from an English Manor • Arthur H. Savory

... crowded out of that thriving state by a yearning and determined milliner that had witnesses a-plenty and intended to do something about it. Defendant claimed he hadn't even meant anything of the sort and was just being a good pal; but it looked like the cruel teeth of the law was going to bite right into his savings if this breach-of-promise suit ever come to trial, the ...
— Ma Pettengill • Harry Leon Wilson

... the little book on page 9 the cryer calls out "Then Sylvester, Sands, Drayton, Beaumont, Fletcher, Massinger, Shakespeare (sic) and Heywood, Poets good and true." This statement seems to be contradicted so far as Shakespeare is concerned by the defendant who says on page 31 "Shakespear's (sic) a mimicke" (that is a mere ...
— Bacon is Shake-Speare • Sir Edwin Durning-Lawrence

... reading the articles of impeachment, and the defendant's answer, and in debate on the mode of ...
— The Works of the Right Honourable Edmund Burke, Vol. XI. (of 12) • Edmund Burke

... the fleur-de-lys on Mrs. Bardell's shoulder is a sheer interpolation and should be expunged, not only on grounds of morality, but because when you reach the actual trial, 'Bardell v. Pickwick,' you will find this discovery of the defendant's impossible either to ignore or to reconcile with the jury's verdict. Against the intervention of Richelieu (Mr. Nupkins) I have nothing to urge. M. D—' opines that I shall in the end deal out poetical justice ...
— From a Cornish Window - A New Edition • Arthur Thomas Quiller-Couch

... in the indictment in promotion of the several objects aforesaid, and done within the county of the city of Dublin, to sustain some of the overt acts charged in the indictment supposing them to be the acts of the defendant himself.' ...
— Speeches from the Dock, Part I • Various

... government officer, who briefly stated an outline of the facts, to wit: "That murder and robbery had been committed; that a young man was seen hastily leaving the spot upon which the crime was committed; that the appearance of the defendant was precisely that of the person thus seen; said he should not enter into an examination of the previous character of the prisoner, giving as a reason that a man may live long as a person of unquestionable character, and after all yield to some strong temptation and fall ...
— Town and Country, or, Life at Home and Abroad • John S. Adams

... against Mary Quickly, a free black woman of the city. It is worthy of note that no claim was made by the plaintiff that Mary Quickly, being a black woman, had no right to own a slave. The grounds for the suit had no relation whatever to the race or color of the defendant, Mary Quickly.[12] ...
— The Journal of Negro History, Vol. I. Jan. 1916 • Various

... powerful reasons to the contrary," resumed the defendant, unconsciously glancing his eyes at the females as he spoke. "I kept my faith at Newport; and, had my two followers then been released from your ship, foot of mine should never have ...
— The Red Rover • James Fenimore Cooper

... threat of the attorney, uttered before she had gone down into the street. This threat, with that power of reality which evil things seem always to possess, now materialized. After the court had opened, but before the trial could proceed, the attorney for the defendant rose and addressed ...
— The Sleuth of St. James's Square • Melville Davisson Post

... been excluded from the committee, and only one out of eighteen Catholic witnesses had been examined. Was this just, or fair dealing? It was as if a jury were desired to retire on the closing of the plaintiff's case. They find their verdict; judgment is given; and then the defendant was desired to proceed with her case. If the committee had confined themselves to the recommendation of assisting the clergy, the Irish members would not have complained; but while they came with a purse of gold for the church, ...
— The History of England in Three Volumes, Vol.III. - From George III. to Victoria • E. Farr and E. H. Nolan

... was opened in court, not by lawyers, but by the parties themselves, though both plaintiff and defendant were women. Commentators thing that it had already been tried in the lower courts, and the judges not being able to arrive at a satisfactory decision, preferred to submit the case to Solomon the King. It was an occasion of great interest; the halls of justice were ...
— The Woman's Bible. • Elizabeth Cady Stanton

... when it is more closely examined, is seen to assign the ground on which this work is held to lack the requisite scientific character. The indictment says: "While the defendant, Lassalle, has been at pains to give himself the appearance of scientific method in this address, still the address is after all of ...
— The German Classics of The Nineteenth and Twentieth Centuries, Vol. X. • Kuno Francke

... to preside successively at the trial of Thomas Cooper for sedition, at the second trial of John Fries for treason, and at the trial of James Thompson Callender at Richmond for sedition. On each of the two latter occasions the defendant's counsel, charging "oppressive conduct" on the part of the presiding judge, had thrown up their briefs and rushed from the court room. In 1800 there were few Republicans who did not regard Chase as "the ...
— John Marshall and the Constitution - A Chronicle of the Supreme Court, Volume 16 In The - Chronicles Of America Series • Edward S. Corwin

... meager or conflicting, his counsel and the prosecuting officer must each make arguments before the jury on the real meaning of the evidence. In civil cases likewise, all disputed questions of fact go ordinarily to a jury, and are the subject of arguments by the opposing lawyers. Did the defendant guarantee the goods he sold the plaintiff? Was undue influence exerted on the testator? Did the accident happen through the negligence of the railroad officials? In such cases and the countless others ...
— The Making of Arguments • J. H. Gardiner



Words linked to "Defendant" :   co-defendant, litigator, law, accused, codefendant, jurisprudence, suspect, plaintiff, litigant, defend



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