Modern Jury Trials And Advocates : Containing Condensed Cases, With Sketches And Speeches of American Advocates : the Art of Winning Cases And Manner of Counsel Described, With Notes And Rules of Practice
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Had the doctors not sworn to the book we might have failed to deter- mine; but their testimony takes away all difficulty, and gives the book a fair preponderance against them. We are now at liberty to conclude that these gentlemen played truant when they were students; that they wore idle boys, ami neglected their lessons. But if the poets and professors be allowed only to balance the doc- tors, it is enough for our purpose. In that case, all difficulty is removed from our labor in respect to t...he question under considera- tion; for nothing is proved where the evidence on the two sides is equal. Hence the old distich is found to express the truth of the case in hand: *' When doctors disagree, Disciples then are free." 376 MODERN JURY TRIALS. Having no guide they are bound to respect or follow, how can it be otherwise? There is, then, no proof that the defendant was insane at his house or at the time of leaving it on the night of the homicide. He was merely angry; his anger had ripened into revenge, had led to the determination of killing the deceased.
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