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But I will tell you what plea is in order from the honest advocate. When an indictment for an illegal motion is tried in court, the day is divided into three parts. The first water is poured in1 for the accuser, the laws, and the democracy the second water, for the defendant and those who speak on the question at issue; but when the question of illegality has been decided by the first ballot,2 then the third water is poured in for the question of the penalty and the extent of your anger.
2 The jurors balloted first on the question whether the motion was illegal as charged. If they sustained the prosecution, both sides then argued the question of the nature and extent of the penalty, after which the jurors cast a final ballot, fixing the penalty.
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