Accusation

“ This is by no means a sufficient ground, for giving any name of reproach to any man: least of all is it a sufficient ground, for so black a term of reproach as this. The more evil it contains, the more cautious you should be, how you apply it to any one: to bring so heavy an accusation without full proof, being neither consistent with justice nor mercy. ”

“ Public opinion has accused you; and accusation there is synonymous with guilt. But I, who give you so much pain, come as your friend and brother, speaking hard truths to you, dearest, by virtue of the tie which binds us to our mother. ”

“ He who raises an accusation against any man, and cannot prove it, shall suffer the same punishment as the other should, if proved. An accusation is, when one man complains of another to an Officer, all other accusations the Law takes no notice of. ”

“ In criminal cases, if an accuser offered battle, the defendant was forced either to accept it or to confess his guilt, unless he could prove an alibi, or unless the accuser was himself notoriously guilty of the crime in question, and the accusation was evidently a mere device to shift the guilt to the shoulders of another ”

“ Let us therefore take heed that we give him no cause of accusation against us; and that, when we have sinned, we presently go in before the Lord, and accuse and condemn ourselves, and commit our cause to Christ as our Advocate. [2.] By his disappointment and defeat: he and all his accusations are cast out, the indictments quashed, and the accuser turned out of the court with just indignation. ”

“ For it is far more just, if any one desires to make an accusation, that you give judgment upon it. If, therefore, any one makes the accusation, and furnishes proof that the said men do anything contrary to the laws, you shall adjudge punishments in proportion to the offences. And this, by Hercules, you shall give special heed to, that if any man shall, through mere calumny, bring an accusation against any of these persons, you shall award to him more severe punishments in proportion to his wickedness. ”

“ ORATION XII. ERATOSTHENES. 1. It does not seem to me difficult to begin the accusation, jurors, but to cease speaking; things so important, and so many in number, have been done by them, that neither by lying could I make the accusation worse than it really is, nor, if I were willing, should I be able to tell the whole truth; but it is necessary either for the accuser to grow weary, or for time to fail. 2. But I think my experience will be just the opposite of what (it has been) formerly. For formerly it was necessary for the accusers to show the enmity which they had toward the accused ”

“ But as the accuser when he is seeking to remove the guilt from others must use the topics proper to an advocate for the defence; so the man on his trial must use those topics which have been allotted to an accuser, when he wishes to transfer an accusation from his own shoulders to those of others. ”

“ In the fourth kind of statement of a case, which we call the one which assumes the character of a demurrer, that sort of statement contains a dispute, in which an inquiry is opened who ought to be the accuser or pleader, or against whom, or in what manner, or before whom, or under what law, or at what time the accusation ought to be brought forward ”

“ Inherent in the notion of fairness is ample opportunity to meet an accusation. Under pertinent circumstances, the opportunity is ample only when an accused has the assistance of counsel for his defense. ”

“ I said to him, coldly, "but learn from me that a wise man who has heard a criminal accusation related with so many absurd particulars ceases to be wise when he makes himself the echo of what he has heard, for if the accusation should turn out to be a calumny, he would himself become the accomplice of the slanderer." ”

“ But he himself asserts that it is a repelling of an accusation. He must therefore assert also that demonstration and deliberation are neither a statement of a case, nor a portion of such a statement. And he will be pressed by the same argument whether he calls the statement of a case the original assertion of his cause by the accuser, or the first speech in answer to such accusation by the advocate of the defence. ”

“ In a civilized, christian, and free community, the monstrous principle has been assumed, that accusation and conviction are synonymous; and that the persons who deliberately bring forward an atrocious charge are exempted from all obligations to substantiate it! ”

“ I have much to say why my reputation should be rescued from the load of false accusation and calumny which has been heaped upon it. ”

“ Let those that judge be permitted to determine according as they think to be right, unless any one can show that they have taken bribes, to the perversion of justice, or can allege any other accusation against them, whereby it may appear that they have passed an unjust sentence ”

“ And you shout out expressions, proper and improper, like a reveller on a cart [n] —expressions which apply to you and your house, not to me. I will add this also, men of Athens. {123} The difference between abuse and accusation is, I imagine, that an accusation is founded upon crimes, for which the penalties are assigned by law; abuse, upon such slanders as their own character leads enemies to utter about one another. ”

“ And if you will lay a clear and unambiguous accusation against any persons in particular we will appoint suitable judges to try their cases; or if you, our highly esteemed son, think that it is needful for us to take yet graver and more urgent action, we shall not be slow to do so. ”

“ I own, in one case, whenever a man’s conscience does accuse him (as it seldom errs on that side) that he is guilty;—and unless in melancholy and hypocondriac cases, we may safely pronounce upon it, that there is always sufficient grounds for the accusation. ”

“ If, however, I seem to be anxious to rebut charges which are merely frivolous and foolish, the blame must be laid at the door of those, to whom such accusations, in spite of their triviality, can only bring disgrace. I am not to blame. Ridiculous as these charges may be, their refutation cannot but do me honour.
4. To begin then, only a short while ago, at the commencement of the indictment, you heard them say, 'He, whom we accuse in your court, is a philosopher of the most elegant appearance and a master of eloquence not merely in Latin but also in Greek!' What a damning insinuation! ”

“ So it is right for you to show greater favor to the defendants. 4. For I suppose you all know that many who make terrible accusations have at once been convicted of falsifying so evidently, that they leave the court and become mistrusted for all they do. Some again have been convicted of false witness and of seeking to ruin men, when there was nothing more to their advantage. 5. Since, as I hear, there are many such cases, gentlemen of the jury, do not trust the words of the prosecution until I speak. For I hear, and I think many of you know that slander is most difficult (to deal with) . ”

“ But that will be a common topic for the advocate of the defence to use, by which he will express indignation that the accuser not only alters facts in order to bring him into danger, but that he attempts also to alter words. For those common topics which are assumed either for the purpose of demonstrating the falsehood of the accusations of the prosecutor, or for exciting pity, or for expressing indignation at an action, or for the purpose of deterring people from showing pity, are derived from the magnitude of the danger, not from the nature of the cause. ”

“ Besides, violent and uncommon actions, such as real crimes, leave a trace in the multitude of circumstances that attend them, and in their effects; but words remain only in the memory of the hearers, who are commonly negligent or prejudiced. It is infinitely easier then to found an accusation on the words, than on the actions of a man ”

“ but argued, gives a kind of credit
To a false accusation. ”

“ It even passed into a proverb that "the law was ended as a man was friended," and contemporary writers declaim against the mischief which men suffered "from the facility with which an accusation could be lodged against an innocent person." ”

“ For indeed, dearly beloved, their business consists in accusations, and that of the most solemn character, forasmuch as the tribunals to which they make their appeal are the most solemn of any upon earth. ”

“ The same is also true, of the Accusation of those, by whose Condemnation a man falls into misery; as of a Father, Wife, or Benefactor. For the Testimony of such an Accuser, if it be not willingly given, is praesumed to be corrupted by Nature ”

“ Of accusation kills an innocent name,
And leaves for lame acquittal the poor life
Which is a mask without it. ”

“ Under cover of a concealed name it maintains that the accused person could and should be allowed to bring an accusation, whereas both divine and human law forbids to allow a criminous person to accuse another. ”

“ I dare say to you, where I am not easily misinterpreted, that there may be cases, where one may do his Countrey good service, by libelling against a live man. For, where a [Pg 79] man is either too great, or his Vices too generall, to be brought under a judiciary accusation, there is no way, but this extraordinary accusing, which we call Libelling. ”

“ Subnormal verbalist type. Case 12. Man, 21 years. Developmental: Early illness with involvement of nervous system. Delinquencies: Lying excessive. Swindling. Stealing. ———————————————————————————————-
CHAPTER IV CASES OF PATHOLOGICAL ACCUSATION We include in this chapter pathological self-accusation as well as incrimination of others. In court work one sees many cases of false accusation, but few belong to the pathological variety. We have not considered those based upon vindictiveness, or self-defense, or where any other even slight, recognizable, normal gratification was at the bottom. ”

“ I doubt not then, but Innocence shall make False Accusation blush, and Tyrannie Tremble at Patience. ”

“ Self-accusations may sometimes be evolved with the idea of gaining directly practical results, as when a lover or a comrade is shielded, or when there is danger of a larger crime being fastened on the self-incriminator. ”

“ Guilt hath very quick ears to an accusation. ”

“ However false and injurious the accusations, and however groundless and injurious the claims, pray do not say a word in reply. Only be silent, and allow judgment to go against you by default. Nothing can be easier and more reasonable. ”

“ An experienced Berlin lawyer has recently emphasised this danger.120 He shows that it is a regular practice to utilise the 228existence of certain punishments as a means of getting undesired persons out of the way, by bringing false accusations against them. ”

“ For I originally rested my whole case on the evidence;... now I rest it on the confession of my adversary; and to oppose his audacity in acts of violence, his impudence in a court of justice, may fairly be considered as the task of your power, not of my abilities.—For what is easier than to decide on the case of a man who confesses the fact? But it is difficult for me to speak with sufficient force of that which cannot be by language made out worse than it is in reality, and cannot be made more plain by my speech than it is by the confession of the parties actually concerned. ”

“ And yet less, my lords, can I suspect, that those by whom he is accused, act from any motive that may influence them to desire a sentence not supported by evidence, or conformable to truth; or that they can wish the ruin of any man whose crimes are not notorious and flagrant, that they persecute from private malice, or endeavour to exalt themselves by the fall of another. ”

“ In the midst of one’s self-accusings and misgivings, an ill-founded allegation brings a certain sense of relief: if this be the extent of my culpability, I may be proud of my conduct, is such satisfactory judgment to address to one’s own heart. He would have felt more comfort, it is true, in the reflection, if he did not remember that it was a frequent artifice of the day to accuse men of crimes of which they were innocent, to afford time and opportunity to involve them in some more grounded charge. ”

“ Even if the paraphernalia of justice,—the judge, and the jury, and the lawyers, could be induced to declare her innocent before all men, must she not confess her guilt to him,—to that one,—for whose verdict alone she cared? ”

“ Let us defend ourselves against the first temptations to sin, and guard our innocence as we would our lives; for if once we yield, though but a little, in whose power is it to say, hitherto will I go, and no further?
And now, gentlemen of the jury, those observations I had before mentioned, I shall attempt to lay before you in order to assist you in making a true judgment of the matter committed to your charge. The author and contriver of this bloody affair is not at present here. ”

“ Let us for a moment stoop to the arbitration of popular breath, and usurping and uniting in our own persons the incompatible characters of accuser, witness, judge, and executioner, let us decide without trial, testimony, or form, that certain motives of those who are “there sitting where we dare not soar,” are reprehensible. ”

“ An accused man sinks or swims when thrown into a pond of water; he is burnt or escapes unharmed when he holds a piece of red-hot iron in his hand; a champion whom he has hired is vanquished or vanquishes in single fight; he can keep his arms outstretched like a cross, or fails to do so longer than his accuser, and his innocence or guilt of some imputed crime is established! Are these criteria of truth? ”

“ Oh, be very sure that no such mistaken judgment based on any local or religious or moral theory of conduct or bias, because of presumed irrefutable evidence, is permitted to prejudice you, so that without meaning to, and with the best and highest-minded intentions, you yourselves see a crime, or the intention to commit a crime, when no such crime or any such intention ever truly or legally existed or lodged in the mind or acts of this defendant. ”