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1830. | <head>1830. Aug<hi rend="superscript">t</hi>. 1.<lb/> | ||
Review. | Review.</head> | ||
Note a 1 2 p | <note>Note a 1 2 p</note> | ||
Well then in the grant of the same Stature 22 G.2. suppose this same Master | <p>Well then <add>in the grant of the same Stature 22 G.2.</add> suppose this same Master <unclear>Stratford</unclear> prosecuted suppose <add>say</add><lb/> | ||
at the Old Bailey before | at the Old Bailey before M<hi rend="superscript">r</hi> R<gap/> of the City of London<lb/> | ||
and his <gap/> <gap/>: a supposition which <gap/> | and his <gap/> <gap/>: a supposition which <del><gap/></del> <hi rend="underline"><foreign>argucado</foreign></hi><lb/> | ||
we have as <gap/> good a right to make as that of the < | we have as <del><gap/></del> good a right to make as that of the <unclear>falling</unclear> of<lb/> | ||
the sky. Suppose moreover, this fact clearly proved by | the sky. Suppose moreover, this fact clearly proved by the testimony<lb/> | ||
of the Solicitor by whom to said <gap/> <gap/> <gap/> under the name of | of the Solicitor by whom to said <del><gap/></del> <gap/> <del><gap/></del> <unclear>under the name</unclear> of<lb/> | ||
a few, said Master had been paid for said attentions. Suppose | a few, said Master had been paid for said attentions. Suppose<lb/> | ||
this done then would | this done then would M<hi rend="superscript">r</hi> R<gap/> have to say Gentlemen of the Jury you<lb/> | ||
have heard what the witness has been saying: if you believe him, it | have heard what the witness has been saying: if you believe him, it<lb/> | ||
is my duty to say, that this act which the prisoner | is my duty to say, that this act which the prisoner Stratford<lb/> | ||
has committed is of the number of those Acts which it was the intention | has committed is of the number of those Acts which it was the intention<lb/> | ||
of the Act in question as far as possible to prevent, by giving to | of the Act in question as far as possible to prevent, by giving to<lb/> | ||
them the genuine | them the <unclear>genuine denomination</unclear> of obtainment on false pretences, and<lb/> | ||
appointing for the punishment of all persons convicted of such offences | appointing for the punishment of all persons convicted of <del>such</del> offences<lb/> | ||
of this same description <gap/> one or more of a variety of punishments | of this same description <del><gap/></del> one or more of a variety of punishments<lb/> | ||
therein mentioned at the option of him or those to whom on <gap/> each such occasion | therein mentioned at the option of him or those to whom on <del><gap/></del> <add>each such</add> occasion<lb/> | ||
it shall have belonged to officiate in the character of Judge <del><gap/></del> or<lb/> | |||
Judges. On the present instance at the present day to the present instance | Judges. On the present instance at the present day to the present instance<lb/> | ||
the choice will be between imprisonment, whipping and | the choice will be between imprisonment, whipping and<lb/> | ||
transportation. Till of late years the pillory would have been of the | transportation. Till of late years the pillory would have been of the<lb/> | ||
number: but having become out of fashion it was by the Act G.1 | number: but having become out of fashion <unclear>it was</unclear> by the Act G.1<lb/> | ||
<gap/> that punishment was done away with. | <gap/> that punishment was done away with.</p> | ||
If the supporter of Mr R<gap/> be not regarded as | <p>If <del>the supporter of</del> Mr R<gap/> be not regarded as<lb/> | ||
entirely <gap/> so apt a subject matter for the supposition as might have | <unclear>entirely</unclear> <del><gap/></del> so apt a subject matter for the supposition as might have<lb/> | ||
been | been chosen, suppose our late Lord Chief Justice Lord <gap/>. When<lb/> | ||
a man in office in the character of a defendant in a criminal suit it is | <del>a man in office</del> in the character of a defendant in a criminal suit it is<lb/> | ||
a man in office that appears, | a man in office that appears, <del>soon to be <gap/></del> fully assured<lb/> | ||
of being <gap/> with money as the justice of this Minister of Justice <add><gap/> of the law</add><lb/> | |||
G<gap/> he may be supposed to say, if you believe the witness you<lb/> | |||
will believe that the prisoner has committed <del>the</del> an act of that sort which<lb/> | |||
the law in justice has to view or spoken of the obtainment of money under<lb/> | |||
<add>false</add><lb/> | |||
<note>false pretences. But on<lb/> | |||
the present occasion as in<lb/> | |||
others it is my duty to<lb/> | |||
be <gap/> of the law:<lb/> | |||
and in that quality<lb/> | |||
I inform you that on<lb/> | |||
this occasion what the law<lb/> | |||
meant to require <unclear>as a condition</unclear> to conviction is — that the act in question should have <unclear>proceeded from</unclear> corrupt <unclear>motives</unclear>. Now on this occasion you will recollect, that<lb/> | |||
<del><gap/></del> by the witness in question <del><gap/></del> it was not stated that <gap/> from corrupt motives that the money was so obtained: which being the case a Verdict from you of <hi rend="superscript">[+]</hi><lb/> | |||
<hi rend="superscript">[+]</hi> not quickly follows of course. Now<lb/> | |||
unless it be his wish to be punished in<lb/> | |||
for defamation in a criminal information<lb/> | |||
would I recommend it to any <unclear>person</unclear> to impute any such motive to this <del>my</del> learned and so <del>highly<lb/> | |||
injured</del> <gap/> <gap/> and largely injured gentleman.</note></p> | |||
1830. Augt. 1.
Review.
Note a 1 2 p
Well then in the grant of the same Stature 22 G.2. suppose this same Master Stratford prosecuted suppose say
at the Old Bailey before Mr R of the City of London
and his : a supposition which argucado
we have as good a right to make as that of the falling of
the sky. Suppose moreover, this fact clearly proved by the testimony
of the Solicitor by whom to said under the name of
a few, said Master had been paid for said attentions. Suppose
this done then would Mr R have to say Gentlemen of the Jury you
have heard what the witness has been saying: if you believe him, it
is my duty to say, that this act which the prisoner Stratford
has committed is of the number of those Acts which it was the intention
of the Act in question as far as possible to prevent, by giving to
them the genuine denomination of obtainment on false pretences, and
appointing for the punishment of all persons convicted of such offences
of this same description one or more of a variety of punishments
therein mentioned at the option of him or those to whom on each such occasion
it shall have belonged to officiate in the character of Judge or
Judges. On the present instance at the present day to the present instance
the choice will be between imprisonment, whipping and
transportation. Till of late years the pillory would have been of the
number: but having become out of fashion it was by the Act G.1
that punishment was done away with.
If the supporter of Mr R be not regarded as
entirely so apt a subject matter for the supposition as might have
been chosen, suppose our late Lord Chief Justice Lord . When
a man in office in the character of a defendant in a criminal suit it is
a man in office that appears, soon to be fully assured
of being with money as the justice of this Minister of Justice of the law
G he may be supposed to say, if you believe the witness you
will believe that the prisoner has committed the an act of that sort which
the law in justice has to view or spoken of the obtainment of money under
false
false pretences. But on
the present occasion as in
others it is my duty to
be of the law:
and in that quality
I inform you that on
this occasion what the law
meant to require as a condition to conviction is — that the act in question should have proceeded from corrupt motives. Now on this occasion you will recollect, that
by the witness in question it was not stated that from corrupt motives that the money was so obtained: which being the case a Verdict from you of [+]
[+] not quickly follows of course. Now
unless it be his wish to be punished in
for defamation in a criminal information
would I recommend it to any person to impute any such motive to this my learned and so highly
injured and largely injured gentleman.
Identifier: | JB/004/125/001"JB/" can not be assigned to a declared number type with value 4. |
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lord brougham displayed |
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125 |
review |
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1 |
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recto |
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jeremy bentham |
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2046 |
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