A complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the year 1783 Volume 13 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1816 Excerpt: ...son for fraudulently obtaining; from her a note of 100/. intending to give her 50/. Lord Hardwicke in the case of the king and Bray mentions that case; my lord Hardwicke's words are, That nothing but that great authority could support it; but he says this too in that case of the king and Bray, That nothing is more unsettled than the rule, of evidence: the determinations often turn upon some right or wrong application of that, rule I have mentioned, and that is, the bias witnesses are under when they come to give evidence. _ Whether Noads is not under such a bias, is not the question; but whether that bias is not so strong, that it is a material objection to bis being received as a witness, I leave to your lordship. Mr. Hume Campbell's Reply. My lord, I should scarce think it justifiable 8Z 1o take up any of your lordship's time to answer the objections, which the gentlemen, by stating with so much candour, have really answered 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 in which objections to evidence are made: one is to the competency of a witness, which is a total rejection of his testimony; and the other is to his credit, which is proper only for the consideration of the jury. In the present case, the gentlemen don't chuse their objection should be directed at Mr. Noads's credit; that would not answer their purpose, because we can establish his credit beyond a doubt. Their attempt therefore, is totally t...
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