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" ... unless it be in cases of treason, nor to reject one witness because he is single, or always to believe two witnesses, if the probability of the fact does upon other circumstances reasonably encounter them ; for the trial is not here simply by witnesses,... "
A pocket encyclopædia, or library of general knowledge - Σελίδα 171
των Edward Augustus Kendall - 1811
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Reeves' History of the English Law, from the Time of the Romans to ..., Τόμος 1

John Reeves - 1879 - 504 σελίδες
...reasonably encounter them; for the trial is not here simply by witnesses, but by jury; nay, it may so fall out that a jury, upon their own knowledge, may know...though nothing be objected against him, and may give the verdict accordingly" (Hale, Hint. Com. Laic, cited in De Lolme on the Const., c. 13). the other...

The Historical Development of the Jury System

Maximus A. Lesser - 1894 - 302 σελίδες
...practice, the jury might, in some rare and peculiar cases, disregard testimony; for "it may so fall out that a jury upon their own knowledge may know...against him, and may give their verdict accordingly." Hale, Com. Law, c. 13, 8 II. 4' In the case last cited. «s BushelVe Case, Vaughan, 135, 6 How. St....

A Selection of Cases on Evidence at the Common Law

James Bradley Thayer - 1900 - 1296 σελίδες
...them ; for the trial is not here simply by witnesses, but by jury; nay, it may so fall out, that the jury upon their own knowledge may know a thing to...against him, and may give their verdict accordingly. "Twelfthly, When the whole twelve men are agreed, then, and not till then, is their verdict to be received...

Pennsylvania Bar Association. Meeting. Report of the ... Annual ..., Τόμος 10

Pennsylvania Bar Association - 1904 - 478 σελίδες
...saying:95 "For the trial is not here simply by witnesses, but by jury. Nay, it may so fall out, that the jury, upon their own knowledge, may know a thing to...against him, and may give their verdict accordingly. """ Trial by jury, in those early days, was a different thing from that Palladium of our liberties...

The American Law Register, Τόμος 52

1904 - 858 σελίδες
...95 " For the trial is not here simply by witnesses, but by jury. Nay, it may so fall out, that the jury, upon their own knowledge, may know a thing to...against him, and may give their verdict accordingly." " The jury literally " found" their verdict wherever they chose to look for it, in their own " evidence,"...

The Canadian Law Review, Τόμος 2

1903 - 732 σελίδες
...the following terms: "The trial is not here simply bv -witnesses, but by jury; nay, it may so fall out, that a jury, upon their own knowledge, may know...against him — and may give their verdict accordingly": (History of the Common Law of England, chap. 12, sec. IT). It was evidently the intention to make the...

A History of English Law, Τόμος 1

Sir William Searle Holdsworth - 1922 - 776 σελίδες
...direction of the court ; and Hale,8 writing a little later could say : " It may so fall out, that the jury upon their own knowledge may know a thing to...against him ; and may give their verdict accordingly." How a jury came by its knowledge was not originally a matter with which the law concerned itself. Just...

The History of the Common Law in England

Sir Matthew Hale - 1971 - 213 σελίδες
...them; for the Trial is not here simply by Witnesses, but by Jury; nay, it may so fall out, that the Jury upon their own Knowledge may know a Thing to...may know a Witness to be incompetent or incredible, tho' nothing be objected against him, and may give their Verdict accordingly. Tweljthly, When the whole...
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The Irish Law Times and Solicitors' Journal, Τόμος 37

1903 - 960 σελίδες
...tho following terms : " The trial is not here simply by witnesses, but by jury : nay, it may so fall out that a jury, upon their own knowledge, may know...or incredible, though nothing be objected against him—and may give their verdict accordingly." (History of the Common Law of England, chap. 12, sect....

The Nautical Magazine: A Journal of Papers on Subjects Connected ..., Τόμος 41

1872 - 1106 σελίδες
...Judge to abuse his office. Therefore, a subject need not fear to take his cae>o even as against the own knowledge, may know a thing to be false that a...against him — and may give their verdict accordingly." In all cases where a jury is employed, then, they alone determine which party has the truth upon his...




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