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22 Apr. 1816 20
Cat.
Append. III
Dean Andrews
2 Vans
A
13
47
1. In this that causes
to hang him malice
is by Judge implied
in Defendant: why?
because no honest
Juryman would find
it
You impute malice to him, and send him to be
hanged for the malice thus imputed you send him to be
hanged. In the situation of Juryman or in any other
situation no man of common sense or honesty would
impute it imply it to him: those who before you in your place on pretense
of declaring its mind that law which no man in suppose to
know and many more is prosecuted for not knowing
took upon themselves accordingly to imply it
In this way with malice in your mouth to say
nothing of your heart you put to death or otherwise
destroy the innocent or venial offender whose ill fate
has rendered him the object of your malice.
48
By the same word
guilty defendant is
saved, and obnoxious
prosecutor mortified.
With still greater Still more at your ease
you save the guilty object of your corrupt favour, at the
same punishing and mortifying at the same time
in the situation of prosecutor the object of your corrupt
malice.
48(a)
Clean hands — a
phrase exempting
guilty defendants
in a King's Bench
Information.
Prosecutor's hand
must be clean.
But prosecutor's
hand need never
be pronounced clean
malice none, prosecution
none.
Note a
A prosecutor On an information the prosecutor
must come with clean hands. This is one another of your
slang phrases. Whether the hand be clean in the figurative
sense is not in the smallest degree more to
its purpose than in the literal sense. What? because,
supposing the uncleanness real, one man has
been guilty of an offence, is that a reason why another
offence should to unpunished? Well then when it
suits you to protect guilt, how what do you manage proceed. You have
to the prosecutor and look at his hands: if there be any the
smallest and faintest spot on them your pretense is found.
But
Identifier: | JB/007/036/001 "JB/" can not be assigned to a declared number type with value 7.
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1816-04-22 |
47-48, 48a |
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007 |
church of englandism |
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036 |
cat |
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001 |
note (a) |
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text sheet |
1 |
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recto |
d20 |
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jeremy bentham |
john dickinson & c<…> 1813 |
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a. levy |
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1813 |
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2980 |
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