JB/047/396/001

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25 Novr 1811
Evidence

Of the principal chief species of facts, which are have
been in use to be considered contemplated in the character of criminative
facts, a list has, been on this occasion been collected, to containg somewhat about a
score:(a) and along with each is such criminative can be given fact will be given a list of such
other facts, as in the character of infirmative facts presented themselves
as bearing relation to other it them(a) in the character of infirmative
facts. For want of setting their minds in question The very idea expressed

The very idea here expressed by the term infirmative,
including disculpative facts, being as yet in the
character of a general idea commensurate in the extent with
that of an inculpative fact, as yet a novel one, no wonder that if,
for want of setting sending their minds in quest of facts of this description,
lawyers of the first law-writers of the highest name, should have given
as conclusive of delinquency, facts, which when the infirmative
facts that bear upon the subject are brought to view
and found will be seen to be far ended from warranting any such conclusion.

Nor will instance be altogether wanting, Instances are will moreover be produced, in which, the legislator,
acting in such such his character has required ordered conviction
to take place, upon the mere ground of this or that single fact,
considered in the character of a criminative fact, in a case light of an inculpatory fact, the legislator,
acting in such his character, has required conviction to take place
in a case in which the existence of one or more species of facts,
operating in the character of infirmative and thence of disculpative
facts had has nothing in it but what is conformable to
every day's experience.

Note (a)

On this account Under this head, the Austrian criminal code, established during
the reign of Maria Theresa, afforded was found to afford considerable assistance.
Understand, so far as concerns the criminative facts: the for, as
to infirmative facts, here as elsewhere all was blank.

By several of our English trials, and in particular by that of
Captain Donnellan for murder by poison, and that of John Hill, more
vulgarly called known by the name of Jack the Painter, the list has been augmented, and
illustrative exemplifications
afforded.

Identifier: | JB/047/396/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-11-25	Marginal Summary Numbering	2-4, 4a
Box	047	Main Headings	rationale of judicial evidence
Folio number	396	Info in main headings field	evidence
Image	001	Titles	note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d7 / e2 / f7 / f168
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15264
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