A faithful report of the trial of the cause of Philip I. Arcularius, and William Coleman ; Being an action for a libel, held at the sittings before ... Livingston; on the third of January, 1807 ...

by William Coleman

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1807 ... it is uncontradicted, that this woman did not in terms disclose her situation to Mr. Arcularius. Mr. Hopson, who was present, says she did not say she was in labour. He himself at first imagined this to be her case, from hearing her say that she could go no further. But upon looking at her, her appearance did not seem to justify this opinion, and he abandoned it. But it is not enough that the plaintiff had reason to suspect what ailed her; and this brings us to the real point of defence, which was not particularly noticed by the counsel. Mr. Coleman, if I understand the pleadings, has undertaken to prove that the woman told the plaintiff her situation. It is necessary then, in order to make out a justification, not only to satisfy you, that the plaintiff probably knew she was in labour, but that he was told so by the party herself. If he had contented himself with barely stating, that the plaintiff probably knew her situation, the public would not condemn Mr. Arcularius until the grounds were known on Which the allegation was made. But, when it is as-; serted, that he was informed of it by the women herself, ' their judgment would immediately be made up, and could not but be unfavourable. If then you shall think there is no evidence that she told her situation, Mr. Coleman has not, in point of law, made out his defence. Of positive testimony to this fact, there is certainly none. But you have a right to come to this conclusion from presumptive evidence, if you think there are any circumstances sufficiently strong to warrant it. The remaining point relates to the measure of the damages. If I understand the defendant's counsel, they contend that should they fail in making out a complete justification, they have still shewn matters which go in mitigation. On ...

32 pages, Paperback

Published January 1, 2012