Dorothy South: A Love Story of Virginia Just Before the WarEggleston, George Cary
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Dorothy South: A Love Story of Virginia Just Before the War
Eggleston, George Cary
Love stories; Virginia -- Fiction
“Well, Mr. P.”--Arthur named a man who has since become a famous
judge--“had had something to do with a duel. As I understand it he was
neither principal nor second, but at any rate he saw the duel fought.
The principals, or one of them, had been brought before the judge for
trial, and Mr. P. was called as a witness. When a question was put to
him by the judge himself, Mr. P. replied: ‘I am not a lawyer. I ask the
privilege of consulting counsel before answering that question.’ To this
the judge responded: ‘To save time Mr. P., I will myself be your
counsel. As such I advise you to decline to answer the question. Now, as
the judge of this court, and not in my capacity as your counsel, I again
put the question to you and require you, under penalty of the law to
answer it.’ Mr. P. answered: ‘Under advice of counsel, your Honor, I
decline to answer the question.’ The judge responded: ‘Mr. Sheriff, take
Mr. P. into custody. I commit him for contempt of court.’ Then resuming
his attitude as counsel, the judge said: ‘Mr. P., as your counsel I
advise you to ask for a writ of Habeas Corpus.’
“‘I ask for a writ of Habeas Corpus, your Honor,’ answered P.
“‘The court is required to grant the writ,’ said the judge solemnly,
‘and it is granted. Prepare it for signature, Mr. Clerk, and serve it on
the sheriff.’
“The clerical work occupied but a brief time. When it was done the
sheriff addressing the court said: ‘May it please your Honor, in
obedience to the writ of Habeas Corpus this day served upon me, I
produce here the body of R. A. P., and I pray my discharge from further
obligation in the premises.’
“Then the judge addressed the prisoner, saying: ‘Mr. P. you are
arraigned before this court, charged with contempt and disobedience of
the court’s commands. What have you to say in answer to the charge?’
Then instantly he added: ‘In my capacity as your counsel, Mr. P., I
advise you to plead that the charge of contempt which is brought against
you, rests solely upon your refusal to answer a question the answer to
which might tend to subject you to a criminal accusation.’
“‘I do so make my answer, your Honor,’ said Mr. P.
“‘The law in this case,’ said the judge, ‘is perfectly clear. No citizen
can be compelled to testify against himself. Mr. P., you are discharged
under the writ. There being no other testimony to the fact that the
prisoners at the bar have committed the crime charged against them, the
court orders their discharge. Mr. Clerk, call the next case on the
calendar.’[B] Now wasn’t all that a roaring farce, with the judge
duplicating parts after the ‘Protean’ manner of the low comedians?”
“It certainly was,” answered young Bannister. “But what are we to do?”
Public-domain text, read in full here on John Shaqi.
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