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14 Apr. 1805
Evidence
To determine within himself with what degree of persuasive
force the mass of evidence presented actually exhibited, and each component part of
it shall be suffered to act upon his mind is the on this
same occasion the peculiar province of the Judge. To present
to his cognizance such considerations as promise to be of
use in respect of the assisting the Judge in formation framing of this such
determination and resting it upon just grounds is another
a correspondent office duty which calls presents as competent to the
legislator acting within his sphere.
On this general survey of the matter the whole of
what is to be done or said on the subject of evidence presents
itself as capable of being included under two grand problems. 1. How to
cause in order matters so that in each instance at the
properest that is the earliest point of time, in so far as the nature
of things admitts the mass of evidence requisite to the formation
of a just decision shall be presented present itself to the Judge. 2. How
to order matters that the mass of evidence presented on each
occasion on both sides, shall operate on the mind persuasion of the Judge
with neither more nor less than its proper weight than the
weight which properly belongs to it.
Identifier: | JB/058/006/001 "JB/" can not be assigned to a declared number type with value 58.
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