Accuser

“ I have reasons, perhaps, for certain conclusions I may have drawn; but my conscience will not allow me in cold blood to give utterance to suspicions which may not only damage the reputation of an honest man, but place me in the unpleasant position of an accuser without substantial foundation for my accusations. ”

“ Although what, indeed, can be secure enough from the sting of a false accuser, who, like the adder at the voice of the charmer, stops his ear from hearing any one clearing himself, though it be ever so justly? ”

“ 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? ”

“ The courts of justice, like the mills of the gods, ought to grind slowly and grind exceeding small—sifting carefully the evidence, examining deeply into the character and motives of accuser and accused. ”

“ The accuser more frequently will endeavor to caution the judge against the pity with which the defendant intends to inspire him, and he will stimulate him, in as great a degree as he can, to judge according to his conscience. ”

“ The common topics will be these,—the accuser will press his charges against the man who confesses some discreditable or pernicious action, or both, but still seeks to make some defence, and will allege the mischievous or discreditable nature of his conduct with great indignation. ”

“ There is a common topic for an accuser to employ against a person, who, when he cannot deny the fact of which he is accused, still derives some hope from his attempt to show that irregularity will be introduced into all courts of justice by such proceedings. And here there will come in the demonstration of the usefulness of judicial proceedings, and the complaint of the misfortune of that person who has been punished without being condemned; and the indignation to be expressed against the audacity and cruelty of the man who has inflicted the punishment. ”

“ 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. ”

“ The great object is to get the accused to confess. Accuser and accused generally fall to wrangling before the judge, who sits quietly listening until they have done, when, having used this excellent opportunity for forming an opinion of the merits of the case, he pronounces sentence. ”

“ The sharpened faculties have something of a lawyer's quickness in detecting a flaw in the indictment. Any exaggeration into which a feeling of indignation happens to betray the accuser is instantly pounced upon. ”

“ 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 ”

“ The openings of these causes which are intended to excite suspicion by their bitterness will be thus laid down by the accuser; and the general danger of all intrigues will be denounced; and men's minds will be excited so as to listen attentively. But the person who is being accused will bring forward complaints of charges having been trumped up against him, and suspicions ferreted out from all quarters ”

“ But common topics are usually nearly the same to both parties, and then, after the previous topics are taken for granted, will suit either to the greatest certainty. The accuser will use the topic of indignation at the fact; the defender, when the guilt belongs to another and does not attach to himself, will urge that he does not deserve to have any punishment inflicted on him. ”

“ 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. ”

“ And since at every tribunal an accuser must be present, to bring charges against the individual who is to be judged, so at this general judgment the Angels and the devils will be the accusers of man kind. ”

“ And I prophesy to you who are my murderers, that immediately after my departure punishment far heavier than you have inflicted on me will surely await you. Me you have killed because you wanted to escape the accuser, and not to give an account of your lives. But that will not be as you suppose: far otherwise. For I say that there will be more accusers of you than there are now; accusers whom hitherto I have restrained: and as they are younger they will be more inconsiderate with you, and you will be more offended at them. ”

“ 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. ”

“ As for the objections you have raised concerning my client's morals, as for all the fuss made by his accusers, not through criminal charges but through backbiting and slander, Marcus Caelius will never feel so bitterly about that as to regret that he was born not ugly.
Those slanders are spread around against all who as young men have been marked by an attractive figure and distinguished appearance. But it is one thing to abuse, another to bring an accusation. Accusation needs a criminal charge, so as to define a situation, mark a man, prove by argument and confirm with testimony. ”

“ 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 ”

“ A prisoner in the inquisition is never allowed to see the face of his accuser, or of the witnesses against him, but every method is taken by threats and tortures, to oblige him to accuse himself, and by that means corroborate their evidence. ”

“ It is a recognized practice on the part of professional accusers to let out the venom of their tongues to another's hurt; nevertheless, if only in my own interest, I must briefly refute these slanders, lest I, whose most earnest endeavour it is to avoid incurring the slightest spot or blemish to my fair fame, should seem, by passing over some of their more ridiculous charges, to have tacitly admitted their truth, rather than to have treated them with silent contempt. ”

“ We venture, therefore, to lay a statement of our case before you—and you will learn from this discourse that we suffer unjustly, and contrary to all law and reason—and we beseech you to bestow some consideration upon us also, that we may cease at length to be slaughtered at the instigation of false accusers. ”

“ Riches therefore, perhaps, do not so often produce crimes as incite accusers. ”

“ 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) . ”

“ 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. ”

“ 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. ”

“ 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. ”

“ If it has failed to satisfy you of the guilt of the accused, and your minds are not convinced, vacillate in doubt, then you must acquit her, be the evidence what it may, positive or presumptive; but if the result of the whole evidence satisfies you, it you are convinced that she is guilty, then it is imperatively your duty to convict her, even if the character of the evidence be wholly circumstantial. ”

“ You say I am innocent, and yet you tell me I am to be condemned as a guilty man, have my gown taken from me, be torn from my wife and children, be disgraced before the eyes of all men, and be made a byword and a thing horrible to be mentioned, because I will not fee an attorney to fee another man to come and lie on my behalf, to browbeat witnesses, to make false appeals, and perhaps shed false tears in defending me. ”

“ But, Miss Dare, whatever anxiety I may have shown in procuring the conviction of a man I believed to be a criminal, I have never wished to win my case at the expense of justice and right; and had I been told before you came to the stand that you had been made the victim of a deception calculated to influence your judgment, I should have hastened to set you right with the same anxiety as I do now. ”

“ I am sure the reader will agree with me, that nothing can be more desirable than to record the names of all the parties concerned in such melancholy and bloody transactions, that they may be handed down to posterity for the use and information of the rising generation, that they may be enabled the better to judge of the motives and management of the prosecutors, and the degree of guilt or innocence of the accused. ”

“ If in former trials you have obstructed justice by slander of the dead, by falsely affirming the innocence of the guilty, by cheating in argument, by deceiving the court whom you are sworn to serve and assist, and have done all this for personal gain, do you expect, and is it reasonable for you to expect, the jury in this case to believe you? ”

“ 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? ”

“ But let such know that the errors of the witness are not here reckoned as the acts of the court; ignorance, error, prejudice, partiality, and presumption, may be said to be faults of the officers of the court, or of the attendants of the judge (as the mind, the will, appetite, passion, sensual disposition, or disordered brain) , or of the jury, who give a false verdict, not of the judge itself; conscience— syneidesis, is properly self-consciousness. Acts of ignorance and error are not acts of self-consciousness, but of some mistaken power ”

“ When a child, a wife, a servant, a student—any one under personal authority or bound by obligation of honor—is accused or suspected an explanation is demanded, and refusal to testify is held, and rightly held, a confession of guilt To question the accused—rigorously and sharply to examine him on all matters relating to the offense, and even trap him if he seem to be lying—that is Nature's method of criminal procedure; why in our public trials do we forego its advantages? It may annoy; a person arrested for crime must expect annoyance. ”

“ Every sentence was an accusation, and every accusation a truth. Every clause was freighted with sarcasm and derision, every slow-dropping word burned like vitriol. The dwarf reminded me of times when I had flown at my children in anger and punished them for faults which a little inquiry would have taught me that others, and not they, had committed. ”

“ But the fact of knowledge, a jury might infer from very slight evidence, and my client’s seeming bastardy and strange ignorance of her father, and of her mother even, beyond the certainty that she once lived and cared well for her young days, were better fitted to excite suspicion and clothe her in the garb of an adventurer, than to secure pity or be urged as arguments of innocence. ”