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<head>PROCEDURE INFORMATION.</head> | <head>PROCEDURE INFORMATION.</head> | ||
<p>1 One disadvantage if an <add>the proceedings be</add> Information is that there is no <lb/> method of compelling that evidence which <add><del><gap/></del> by which</add> the motion for<lb/> leave to commence it must be supported — The Prosecutor<lb/>Affidavit is read, perhaps that of another witness, & of<lb/> a third: by then it appears that B, D, & <del><gap/></del> <del>have</del> <note>Substitutes</note><lb/> <del>could</del> <add>were in such situation as to be to</add> give a <del>still</del> much more perfect account of the<lb/>Transaction — All this while C. was a neighbour <lb/>who having no quarrel with the Def<hi rend="superscript">t</hi>, cared not, D,<lb/>a defendant who dared not, <gap/> a friend who would<lb/> risk himself on the side of the Prosecution.</p> | <p>1 One disadvantage if an <add>the proceedings be</add> Information is that there is no <lb/> method of compelling that evidence which <add><del><gap/></del> by which</add> the motion for<lb/> leave to commence it must be supported — The Prosecutor<lb/>Affidavit is read, perhaps that of another witness, & of<lb/> a third: by then it appears that B, D, & <del><gap/></del> <del>have</del> <note>Substitutes</note><lb/> <del>could</del> <add>were in such situation as to be to be added to</add> give a <del>still</del> much more perfect account of the<lb/>Transaction — All this while C. was a neighbour <lb/>who having no quarrel with the Def<hi rend="superscript">t</hi>, cared not, D,<lb/>a defendant who dared not, <gap/> a friend who would<lb/> risk himself on the side of the Prosecution.</p> | ||
<note>Their silence itself<lb/>is a matter apparent<lb/>upon the face of the proceedings,<lb/> & therefore<lb/> open to inference and<lb/>favor of the innocence of the<lb/> <add>accused</add> the cause of that silence<lb/>which if known<lb/>would destroy the inference,<lb/> is a matter<lb/>extraneous to the proceedings,<lb/> of which <add>commonly</add> no<lb/><add>legal</add> proof from it's very<lb/>nature of things, can be<lb/> given, nor if <add>it could</add> <del>given</del><lb/>would be received</note> | |||
<p>The question is not <gap/> but who is whose Friend.</p> | <p>The question is not <gap/> but who is whose Friend.</p> | ||
<pb/> | <pb/> | ||
<p>2 Another is the temptation to Perjury is expurg<add>ation</add></p> | <p>2 Another is the temptation to Perjury is expurg<add>ation</add></p> | ||
PROCEDURE INFORMATION.
1 One disadvantage if an the proceedings be Information is that there is no
method of compelling that evidence which by which the motion for
leave to commence it must be supported — The Prosecutor
Affidavit is read, perhaps that of another witness, & of
a third: by then it appears that B, D, & have Substitutes
could were in such situation as to be to be added to give a still much more perfect account of the
Transaction — All this while C. was a neighbour
who having no quarrel with the Deft, cared not, D,
a defendant who dared not, a friend who would
risk himself on the side of the Prosecution.
Their silence itself
is a matter apparent
upon the face of the proceedings,
& therefore
open to inference and
favor of the innocence of the
accused the cause of that silence
which if known
would destroy the inference,
is a matter
extraneous to the proceedings,
of which commonly no
legal proof from it's very
nature of things, can be
given, nor if it could given
would be received
The question is not but who is whose Friend.
---page break---
2 Another is the temptation to Perjury is expurgation
3. A third, the large sums unavoidable but unnecessarily
consumed in Costs
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