Assaying

“ It is this — it is this which justifies our profession! I, myself, when I see the eye of the accused gleaming with the flash of rage, I feel myself encouraged and elevated. It is no longer a trial, it is a combat ”

“ Asking to be forgiven after slamming a door is like touching off a Rodman gun, and then calling out to the fort in front to 'look out' 'take care!' 'do get out of the way.' A first class slam is cumulative long after the noise has ceased—the nerves go on slamming—the valves of the heart flap to and from—the tympanum roils a revelrie to all the shattered senses, the offender slammed at, at once subsides from rage to fear ”

“ A savage has outraged me even in the very manner of punishing me! He has inflicted upon me that chastisement, the first effect of which is to shock one’s modesty; that most humiliating of chastisements, which takes one back to one’s childhood. ”

“ A condition of reverence being thus inherent, it follows that the images which reason has unconsciously reared must meet with some disturbing shock before they can be impaired or dismembered. But the blow once fairly delivered, the victim of the assault in too many cases passes out into the ranks of the assailants. ”

“ How many an insolent inclination to personal violence has been checked—how many a truculent heart has sickened, before the prospect of a "leaden breakfast!" Take a single case, which is really embarrassing to the candid opponent of duelling; an insult offered, by either words or deeds, to the character or person of a lady whom one is bound to protect—an injury beyond all legal cognisance, and perpetrated by one occupying the station of a gentleman. ”

“ A son may espouse the cause of his father, if he is too aged to resent an insult, or if the age of the aggressor is of great disparity; but a 276 son cannot espouse the quarrel of his father if he has been the aggressor.21
6. There are offences of such a galling nature, that they may lead the insulted party to have recourse to acts of violence. Such acts ought invariably to be avoided, as they can only tend to a mortal combat.
7. The offended party has the choice of arms.22
8. When the offence has been of a degrading nature, the offended has the right to name both arms and duel.23
9. ”

“ We think the defendant guilty of an assault, and we perceive no reason for taking any exception to the remarks of the court. Finding trivial damages for breaches of the peace—damages incommensurate with the injury sustained—would certainly lead the ill-disposed to consider an assault as a thing that might be committed with impunity. ”

“ A thought has just come into my mind as to how we can do it. As soon as he comes you shall commence to quarrel with me. I shall then come to you and beat you, or, rather, the ground near you, with both my hands, and you must continue your abuse and cries. ”

“ But it was only while they could keep their backs to the rocky wall that they could hope to cope with their savage enemies, who, though they did not come near enough to stab, surrounded then as nearly as they could, and yelled and shouted like so many disappointed fiends. ”

“ Indeed, I believe that, so far from this circumstance being looked upon as a defence, it ought to be considered as an aggravation of the guilt; inasmuch as it is, beyond all doubt, at least a far more manly thing to inflict an injury upon an enemy face to face, and under the influence of immediate resentment, than to crouch like a cowardly assassin behind a hedge and coolly murder him without one moment's preparation, or any means whatsoever of defence. ”

“ A bully in an assault may do much which his victim cannot even report to another person,—by his attitude, his look, his voice,—when he insults, when he attacks as an enemy, when he smites with his fist, when he strikes a blow on the face. ”

“ The usual motive for crimes against the person—assault, manslaughter, mayhem, murder, etc.—is the desire to punish, or be avenged upon another by inflicting personal pain upon him or by depriving him of his most valuable asset—life. And this desire for retaliation or revenge generally grows out of a recent humiliation received at the hands of the other person, a real or fancied wrong to oneself, a member of one's family, or one's property. ”

“ Much has been said, and perhaps more than has been thought, concerning the court before us. The loser is expected to complain, and his friends to give him a partial hearing; and though he breathes vengeance against his antagonist, it ends in a breath. ”

“ Assail and assault, tho of the same original etymology, have diverged in meaning, so that assault alone retains the meaning of direct personal violence. One may assail another with reproaches; he assaults him with a blow, a brandished weapon, etc. ”

“ It is at the ultimate moment that they make appearance, and seeing them for the first time, the savage assailants halt, hesitatingly—not through fear, but rather with bewilderment at the unexpected apparition. ”

“ We call that punishment cruel which visits us without our doing an injury which deserves it; and, as we never wished to be in the vicinity of the Nettles, nor, therefore, to injure them, our boyish fancy looked upon them as cruel. ”

“ Recently, when you have laid violent hands upon my person, and endangered my life, I said it was violence of temper, not malignity of heart, and I resolved, for your sake and mine, to keep our secret, and to bear with it. ”

“ If this is really accomplished and some positive fact is established in the self-accusation, the question becomes one of finding the value seen by the confessor in blaming himself together with his fellow. Revenge, hatred, jealousy, envy, anger, suspicion, and other passions will be the forces in which this value will be found. One man brings his ancient comrade into jeopardy in revenge for the latter’s injustice in the division of the booty, or in deliberate anger at the commission of some dangerous stupidity in a burglary. ”

“ There is no sparing the rod and spoiling the child, and when the master wishes to punish one of them, the small offender is held on his back, with his legs up in the air, and receives so many cuts on the soles of his feet, and while the punishment lasts he howls piteously. ”

“ The man who had cursed the preacher doubled up and sank to the pavement under a blow from the other man’s fist. It was the swift and natural result of the controversy, for the spirit of violence was abroad. In the lull that followed the punishment the rector again lifted his voice.
“Men, you are crazy. You are taking a fool’s revenge. You are playing into the hands of your enemies. ”

“ There is an excited feeling when assailing, which stimulates even the weak-hearted, and drowns the thought of danger. The tumultuous enthusiasm of the assault spreads from man to man, and timid spirits catch a gallant frenzy from the brave. ”

“ But unfortunately, when you are dealing with crimes of violence, moral suasion and gentle treatment produce nothing more poignant in the bosom of your adversary than a sensation of amused and derisive contempt. ”

“ Look at the condition of affairs, and I ask you if these men were not justified in making some preparation by which they could defend themselves, because there is no proposition here to assault anybody. ”

“ Besides that, we must further remember that one man is about as able to defend himself as another is to assail him, and that in such contests there are two to be engaged, so the probability is that, in the end, no very great mischief can ensue. ”

“ The woman, screaming fearfully, jumped up, and seizing him again, as if determined to gain her point, whatever it might be, poured forth a volley of words, and again the man threw her upon the ground and beat her most cruelly, the spectators remaining, as before, quite passive, and allowing him to wreak his full vengeance upon her. ”

“ Let us not molest them at their task, either intentionally or otherwise, and they will not molest us. If we irritate them, they straightway draw on the aggressor and stab him with their venomous dagger. ”

“ Beneath the scourge, what is there that cannot be wrung from the lips of the sufferer? His agony is over-whelming, and he seeks to escape by speaking falsely. The officials profit by the opportunity, and cause him to say what will best confirm his guilt. ”

“ Of the foe's assault in front,
'Tis harder much our doubtings and our fears to subjugate;
But we never will despair,
We will dare and ever dare,
Till our constancy and courage win at last the smile of fate! ”

“ If another break my arm by violence, this will not certainly give him additional health or strength; if he stun me by a blow or inflict torture on my limbs, it is I who feel the pain, and not he; and it is hard if I, who am the sufferer, am not allowed to be the judge. ”

“ Men in the heat of argument would suddenly break into abuse and invective, and then it was but a short step to blows, which if from fists would matter little, but when struck with sharp, shining blades became quite another matter. ”

“ The cries of the assailants resounded through the stillness of the night; fear had fled their bosoms; there was scarce one but had received contusions from the flying heads, and rage urged them on to revenge. ”

“ I freely allow, loudly confess, that corporal punishment, in the way in which it has been practised until now, has much in it that is insulting for the person being chastised as well as humiliating for the person chastising. ”

“ But if you provoke an adder overmuch, and he sees a chance of remonstrating with you, I do not deny that he will throw back his smooth head, erect his angry fangs, dart quickly forward, and express his disagreement by inflicting a bite upon the offender’s trousers. ”

“ If they came to avenge so savage an insult, it shewed great consideration in them to spare the innocent, the guilty being absent: if they only came on the common principle of plunder, the bare comparison of the different treatment of the sufferers in each instance, speaks forcibly without amplification. ”

“ Those who arrived later would have to wedge themselves in as best they could and remain with knees drawn up for the rest of the night—any attempt at forcing them down would be sure to create a disturbance and lead to a furious dispute and an exchange of insults and obscenities. ”

“ But when once I had made it known, you can imagine the gusto with which the police prepared to enter the house and confound the obliging host with a sight of my dripping garments and accusing face. And indeed in all my professional experience I have never beheld a more sudden merging of the bully into a coward than was to be seen in this slick villain’s face, when I was suddenly pulled from the crowd and placed before him, with the old man’s wig gone from my head, and the tag of blue ribbon still clinging to my wet coat. ”

“ An assault is thus defined in Buller’s Nisi Prius, p. 15: “An assault is an attempt or offer, by force or violence, to do a corporal hurt to another, as by pointing a pitchfork at him, when standing within reach ”

“ This drew upon him the execration of the enraged multitude; but no one attempted either to disarm or to seize him. A second blow, inflicted upon a decent looking female, roused my indignation at the cowardice of the bye-standers, and I hastily left the room, crossed the street, and having walked deliberately up to him, pretending to inquire what was the matter, before he was at all aware of my intentions, and just as he was about to relate his story, I, with a well-directed blow, with my fist under the ear, laid him sprawling upon the pavement ”

“ I shall tell him that, coming to blows, the assailant is often in the right; ”

“ Aggression becomes the accredited form of action, and booty serves as prima facie evidence of successful aggression. As accepted at this cultural stage, the accredited, worthy form of self-assertion is contest; and useful articles or services obtained by seizure or compulsion, serve as a conventional evidence of successful contest. ”

“ For the first few days after my arrest I was a prey to savage rage, and found it difficult to reduce myself to that condition of mind in which a fighter who wants to make the best of things should be. ”

“ Verily, I companied with thee and cajoled thee but for fear of thy violence and not in hope of fair treatment from thee: but now trembling is come upon thee and vengeance hath overtaken thee.’ And he repeated the following verses:
O thou that for aye on beguiling art bent, Thou’rt fall’n in the snare of thine evil intent. ”

“ An angry child stamps, or rolls on its back and kicks its heels in the air; and in manhood, 213 anger, first showing itself in frowns, in distended nostrils, in compressed lips, goes on to produce grinding of the teeth, clenching of the fingers, blows of the fist on the table, and perhaps ends in a violent attack on the offending person, or in throwing about and breaking the furniture. ”

“ “and I’d be glad of a retaliation that wouldn’t recoil on myself; but treachery and violence are spears pointed at both ends; they wound those who resort to them worse than their enemies.” ”

“ Such an illegal examination, brutally conducted, covers the helpless and innocent with the awful shadow of fear fathered by the suspicion of cruel abuse, and the victims of such gross assault, in their loneliness, beyond all help, are forced to appear guilty of something when they are not. ”

“ Such self-inflicted wounds are usually produced for the purpose of bringing a fictitious charge of assault, feigning self-defence or provocation on the part of the assailant when accused; and in order to divert suspicion, as in the case of a person who alleges he has received the injuries by an assailant who was committing robbery while he himself is guilty of it. ”