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A Complete Collection of State Trials and Proceedings for High Treason and Other Crimes and Misdemeanors from the Earliest Period to the Year 1783; With Notes and Other Illustrations Volume 19 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1816 edition. Excerpt: ... king and Bray mentions that case; my lord Hardwicke's words are, That nothing but that great authorit could support it; but he says this too in tliat case of the king and Bray, That nothing is more unsettled than the rule of evidence: the determinations oftcn turn upon some right or wrong application of that rule L have mentioned, and that is, the bias witnesses are under when they come to give evidence. _ Whether Noads is not under such a bias, I9 not the question; but whether that bias is not so strong, that it is a material objection to his being received as a witness, I leave to your lordship. Mr. Hume Campbell': Reply. My lord, I should scarce think it justifiable 2 Z to take tip any of your lordship's time to answer the objections, which the gentlemen, by stating with so much candour, have really ansvrered themselves, was it not that the present question is of the utmost importance to futurity, in the attainment of the great ends of protection and justice. We are now to consider it as a matter of doubt, whether every criminal by turning the charge against his prosecutor, may not evade justice, and prevent the Court from having any evidence produced on the part of the crown. There are always two ways iii which objections to evidence are made: one is to the competency of a witness, which is a totad rejection of his testimony; and the other is to his credit, which is proper only for the consideration of thejury. ln the present case, the gentlemen don't chiise their objection should be directed at Mr. Noads's credit; that would not answer their purpose, because we can establish his credit beyoml a doubt. Their attempt therefore, is totally to reject his testimony; nothin less can afford a possibility...
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- PublisherRareBooksClub.com
- Publication date2013
- ISBN 10 1130378861
- ISBN 13 9781130378863
- BindingPaperback
- LanguageEnglish
- Number of pages638
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