A Treatise on the Law of Evidence, Part 1

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Saunders and Benning, 1838 - Evidence (Law) - 1079 pages

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Page 295 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath, administered in a court of justice.
Page 241 - Judge, that tradition, generally, is evidence " even of pedigree : the tradition must be from persons having "such a connection with the party to whom it relates, that it " is natural and likely, from their domestic habits and connections, " that they are speaking the truth, and that they could not be "mistaken.
Page 305 - ... likely to have occurred under circumstances of confusion and surprise, calculated to prevent their being accurately observed, and leading both to mistakes as to the identity of persons, and to the omission of facts essentially important to the completeness and truth of the narrative.
Page 462 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him ; for the law presumeth the fact to have been founded in malice until the contrary appeareth.
Page 357 - Court the whole which was said by his client in the same conversation ; not only so much as may explain or qualify the matter introduced by the previous examination, but, even matter not properly connected with the part introduced upon the previous examination, provided only, that it relate to the subject-matter of the suit; because it would not be just to take part of a conversation as evidence against a party, without giving to the party, at the same time, the benefit of the entire residue of what...
Page 197 - hearsay' is used with reference to that which is written, as well as to that which is spoken, and in its legal sense it denotes that kind of evidence which does not derive its value solely from the credit to be given to the witness himself, but rests also in part on the veracity^ and competency of some other person.
Page 180 - Court are to be governed in exercising this summary jurisdiction over its officers seems to me to be this; where an attorney is employed in a matter wholly unconnected with his professional character, the Court will not interfere in a summary way to compel him to execute faithfully the trust reposed in him. But where the employment is so connected with his professional character as to afford a presumption that his character formed the ground of his employment by the client, there the Court will exercise...
Page 134 - Cases hereinafter provided for, shall be made upon the Treasurer of the County, Riding or Division in which the Offence shall have been committed, or shall be supposed to have been committed, who is hereby...
Page 65 - County or Place; and every Accessory before or after the Fact to any such Offence, if the same be a Felony, and every Person aiding, abetting, or counselling the Commission of any such Offence, if the same be a Misdemeanor, may be dealt with, indicted, tried, and punished, and his Offence laid and charged to have been committed in any County or Place in which the principal Offender may be tried.
Page 489 - The inquiry must also be as to the general character ; for it is general character alone which can afford any test of general conduct, or raise a presumption that the person who had maintained a fair reputation down to a certain period would not then begin to act a dishonest unworthy part. Proof of particular transactions in which the defendant may have been concerned is not admissible as evidence of his general good character.

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