“Gentlemen of the jury,” said O'Halloran, in a low and deliberate tone,
“if the only question I was interested in bringing before you this day
was the cause you sit there to try, I would conclude here. Assured as
I feel what your verdict will and must be, I would not add a word more,
nor weaken the honest merit of your convictions by anything like an
appeal to your feelings. But I cannot do this. The law of the land, in
the plenitude of its liberty, throws wide the door of justice, that all
may enter and seek redress for wrong, and with such evident anxiety that
he who believes himself aggrieved should find no obstacle to his right,
and that even he who frivolously and maliciously advances a charge
against another suffers no heavier penalty for his offence than the
costs of the suit. No, my Lords, for the valuable moments lost in a
vexatious cause, for the public time consumed, for insult and outrage
cast upon the immutable principles of right and wrong, you have nothing
more severe to inflict than the costs of the action!--a pecuniary fine,
seldom a heavy one, and not unfrequently to be levied upon insolvency!
What encouragement to the spirit of revengeful litigation! How
suggestive of injury is the system! How deplorable would it be if
the temple could not be opened without the risk of its altar being
desecrated! But, happily, there is a remedy--a great and noble
remedy--for an evil like this. The same glorious institutions that have
built up for our protection the bulwark of the law, have created another
barrier against wrong,--grander, more expansive, and more enduring
still; one neither founded on the variable basis of nationality or of
language, nor propped by the artifices of learned, or the subtleties
of crafty men; not following the changeful fortunes of a political
condition, or tempered by the tone of the judgment-seat, but of all
lands, of every tongue and nation and people, great, enduring, and
immutable,--the law of Public Opinion. To the bar of this judgment-seat,
one higher and greater than even your Lordships, I would now summon
the plaintiff in this action. There is no need that I should detail
the charge against him; the accusation he has brought this day is our
indictment,--his allegation is his crime.”
Public-domain text, read in full here on John Shaqi.
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