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of the two verdicts, is this one. If then
by any one or more of them the opposite
opinion is entertained, declaration will of
course be made of it, by all those who entertain
it, and the number on each side
will thus be seen at once.
Whereupon it is that if to
any one of them a reason occurrs, which,
as appears to him, has not been brought
to view by Advocate or Judge, naturally
and generally, every one who has in his
own mind any such reason, will out
with it. What in this case does doubtless
now and then happen is — that
after all the observations delivered by the
experienced Advocates and Judge together
have failed to produce the impression
in question, an observation produced by
one of the comparatively inexperienced Jury
has succeeded. But this case though
sometimes exemplified, can not be stated
as the common one.
The oath to make a man
speak true: the torture to make him speak
false. Such is the contrivance. A two
horse Cart: the horses set back to back,
with the cart between them: in this behold
its parallel.
A context (and such a
contest!) between will and wills and by
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whom set on foot? by the creation of the
unanimity part of the institution. And
by whom kept up? by the supporters of
it.
In the declaration of the
opposing will others, in any proportion to
the whole number, may have joined: thereupon,
has the pain continued to be endured
by all, 'till those on one side, unable any
longer to endure it, have gone over to the
other side.
Exists there that man, in
whose opinion by the power of pain, any
such change of the judgement from one
side to the other ever had place?
Exists there that man, in
whose opinion, on any future occasion
any such effect from such a cause is
probable?
So much for opinion —
Now for experience. Experience says —
that, while, in his assembly in which
there is torture to produce it, unanimity
thus constantly takes place, — in another,
in which there is no torture to produce it,
instances in abundance are continually
happening, in which it does not take place.
It is by the institution of
another sort of Jury — the Grand Jury — that
the experience is furnished. Every day,
where this institution has place, before these
Identifier: | JB/081/182/002 "JB/" can not be assigned to a declared number type with value 81.
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081 |
petition for justice |
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182 |
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002 |
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copy/fair copy sheet |
4 |
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recto |
c7 / c8 / c9 / c10 |
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25969 |
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