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<head>PROCEDURE INFORMATION.</head> | <head>PROCEDURE INFORMATION.</head> | ||
<p>1 One disadvantage | <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> | ||
a third: | <p>The question is not <gap/> but who is whose Friend.</p> | ||
<note>Their silence itself<lb/>is a matter apparent<lb/>upon the face of the pro-<lb/>ceedings, & therefore<lb/> open to inference in<lb/>favor of the <gap/> of the<lb/> <add>accused</add> the cause of that Si-<lb/>-lence which if known<lb/>would destroy the infer-<lb/>-rence, is a matter<lb/>extraneous to the pro-<lb/>-ceedings, of which <add>commonly</add> no<lb/><add>legal</add> proof from it's very<lb/>nature of things, can be<lb/> give, nor if <add>it could</add> <del>given</del><lb/>would be received</note> | |||
The question is not <gap/> but < | <pb/> | ||
<p>2 Another is the temptation to Perjury is expurg<add>ation</add></p> | |||
<p>3. A third, the large sums unavoidable but unnecessarily<lb/>consumed in Costs</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
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 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.
The question is not but who is whose Friend.
Their silence itself
is a matter apparent
upon the face of the pro-
ceedings, & therefore
open to inference in
favor of the of the
accused the cause of that Si-
-lence which if known
would destroy the infer-
-rence, is a matter
extraneous to the pro-
-ceedings, of which commonly no
legal proof from it's very
nature of things, can be
give, nor if it could given
would be received
---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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Identifier: | JB/050/094/001"JB/" can not be assigned to a declared number type with value 50. |
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procedure information |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
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16085 |
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