JB/035/302/001

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13 Feby 1809

The simplest cause would be to
require the judge to deliver and opinion

What this observation would lead one to suppose to be the
case, is – that first in the first place the question receives
its discussion in the jury, and that where
so it happens that that discussion fails of producing
unanimity the appeal is made to the bench: and
that thereafter, the opinion of the bench being delivered,
thereupon with or without a submission to that opinion
the dis disputes are closed. But the fact is –
what? – that in the first place that opinion is either delivered
or not delivered: for this turns out is exactly as is found most
convenient and agreable to the bench Judge. Sometimes
a mist is made of delivering an opinion: sometimes of
delivering none: but in that position let a man do as
Thereupon, supposing any such opinion
he will merit he can no more avoid get rid of his inseparable hanger-on merit, than in the sunshine
he can of his shadow.

Thereupon supposing any such opinion delivered
true it is that under the description of impending torture, there it may
happen to the Jury to close their disputes or even to prevent
all dispute by a common submission to the opinion
delivered from the bench. True: and what
should hinder their doing so, if disposed, supposing even there
no such discussion? What the torture does do is
the freeing them to join in the declaration of some one opinion –
but how it is that by the torture should have any tendency
to cause them to rebut that an opinion which
which when any opinion has been delivered from that
quarter has been delivered declared by the Judge, this is what it
seems not altogether easy to understand comprehend.

Identifier: | JB/035/302/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1809-02-13	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	302	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c11 / c6
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10895
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