JB/036/155/002

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Judge Hermosa

His own This defence is of his excepted, from no individual fact do
I see any reason for suspecting that the judicial functionary in
question is chargeable with breach of duty misconduct in any shape:
that for example he has any improper connection with
the parties accused, or any of them: any improper connection either by complicity,
unity of affection, fear of giving displeasure, bribery or corruption in any other shape. Of
the particular facts belonging to the individual case all that is
known to me is what is known to everybody: and they are
all of them in his favour: namely that on this melancholy
occasion both actors and witnesses must have been in an a
whereof unexempted degree a degree perhaps almost
unexempted seldom if ever exemplified in the annals of judicature, numerous: and
that whatever be the occasion, the greater the number of the
persons to be examined, the greater ceteris paribus, must have
been the quantity of time requisite to be expended occupied in the
examination.

What on the other hand is but too true, is – that if
to a man in his situation, at the above charges were
all of them justly applicable, and accordingly applied, this
is the exact complection of the sort of defence that he would
be seen to make. It is the sort of defence, which any man, in
what degree so ever guilty would have it in his power to
make, and which every man who is guilty, would if he saw or any probability of its being received, and productive of effect be sure
to make. It is the sort of defence which I will not say
no man who is innocent would ever make (for innocence
does not necessarily give right discernment either to the person accused who pleads
or to those before whom he pleads) but which a man an innocent
man, if he has common discernment would naturally avoid
employing: and for this plain reason – because it is the business interest and necessary object of of the innocent man, to render
his defence case as clearly
distinguishable as possible
from that of the guilty
man.

Identifier: | JB/036/155/002 "JB/" can not be assigned to a declared number type with value 36.
Date_1	1822-07-16	Marginal Summary Numbering
Box	036	Main Headings	constitutional code rationale
Folio number	155	Info in main headings field	constitut. code rationale
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::i&m [fleur de lys] 1818]]
Marginals		Paper Producer	arthur wellesley, duke of wellington
Corrections		Paper Produced in Year	1818
Notes public		ID Number	11079
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