Allan Breck, 第 2 巻


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190 ページ - ... facts and circumstances mentioned in it, though they should be fully proven, are not sufficient to infer his being accessary to this murder. Every libel is a syllogism ; the major proposition contains the crime, and the laws against that crime; the minor contains the facts charged against the...
210 ページ - Oh! it is that dreadful thing that killed my dear husband. I begged him to submit to an operation, but could not get his courage up to bear the pain, and it grew on, and killed him. O Mr. Moody, you are a young man, and ought to submit to any thing that would save your precious life. 0 do, I beseech you, for your own sake, and for the sake of your dear parents, do let Dr. Smith operate on it. It will be but a few hours of dreadful agony, and, then, perhaps, a long life of usefulness.
189 ページ - If the accessary must defend the absent principal, it may be of the most fatal consequence to both, though innocent. The principal's greatest enemies may be led as witnesses, and such defences as would have been sufficient to exculpate him entirely, may be omitted.
189 ページ - ... attainted alter verdict or confession, before any judgment can be given against the accessary. But, 4to, What I now plead, I humbly apprehend to be the law of Scotland ; for so it is expressly said, Reg. Mag.
201 ページ - November next, according to the present stile, betwixt the hours of twelve at noon and two afternoon, to be hanged by the neck upon the said gibbet, by the hands of an executioner, until he be dead ; and thereafter to be hung in chains upon the said gibbet ; and ordain all his moveable goods and gear to be escheat and inbrought to his Majesty's use, which is pronounced for doom.
192 ページ - ... upon the deceased was committed by Allan Breck, it is also said that this was done in revenge of the quarrel which this pannel took up against the deceased, and, in pursuance of a concert...
190 ページ - Stewart the facts charged do not amount to the crime, the conclusion must be false, and the libel irrelevant. This, I humbly apprehend, is the present case. From the above narration of the facts, and what observations I have already made upon them, I hope your Lordships will be of opinion that the circumstances charged in the libel are so extremely vague and trivial, that they are not sufficient to bring the pannel under so much as a suspicion of being guilty of this horrid crime laid to his charge.
155 ページ - In an instant the inclinations and language of the gentlemen assembled appeared to undergo a change. They stared upon the vision before them as on a supernatural being, and uttering a. sort of half-cry, appeared anxious to escape from the room, as from a place infected by some fatal contagion. Allan observed the effect produced by his unlooked-for presence, and his eyes shot fire as they turned from one to the other. "What! gentlemen...
189 ページ - These principals are followed by the opinions of all lawyers who write upon the criminal law, and likeways by the practice of neighbouring nations, particularly that of England ; where the principal must be attainted alter verdict or confession, before any judgment can be given against the accessary.
193 ページ - ... be read, unless such reading shall be dispensed with by the panel ; and the panel shall then be called upon to plead to the libel, and in case he shall plead guilty the Court shall proceed to pass sentence, and in case he shall plead not guilty the Court shall remit him, with the libel as found relevant, to the knowledge of an assize, and the case shall be otherwise proceeded with in ordinary form.