Report of the Case of Geo. C. Hersey; Indicted for the Murder of Betsy Frances Tirrell, Before the Supreme Judicial Court of Massachusetts Including the Hearing on the Motion in Arrest of Judgment, the Prisoner's Petition for a

Report of the Case of Geo. C. Hersey; Indicted for the Murder of Betsy Frances Tirrell, Before the Supreme Judicial Court of Massachusetts Including the Hearing on the Motion in Arrest of Judgment, the Prisoner's Petition for a

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1862 edition. Excerpt: ...Not so when life or personal liberty is the issue. Then the law of evidence changes; and for the best of reasons, as a minute's reflection will convince you. The law, which is but the embodiment and expression of the highest and best experience of civilized life, mind and judgment, whose only purpose is to secure the general safety, the public go.od, while with jealous, care, and for the common weal, it holds the flaming sword of justice in stern, rigorous grasp, holds, also, in equal poise, the scales of truth; and no man is so humble as to be denied its full protection. It starts with the grand central truths that all men are equal; that innocence is the normal condition of humanity, and criminality the perverted, exceptional phase of life. And so, th t no man shall suffer unjustly; that th whole public shall not suffer, --for communities and nations are but aggregations of individuals, and if one member suffers, all the members suffer with him, --the law throws around every man, woman and child the great, broad mantle of presumptive innocence, and declares that no one shall be punished until he is proved guilty. And that proof must be full and complete, to the exclusion of every reasonable doubt. Starkie, the great authority in the English and American law of evidence, says, Part Third, page 450, --" Evidence which satisfies the minds of the jury of the truth of the fact in dispute, to the entire exclusion of every reasonable doubt, constitutes full proof." On the following page, he says, --' In many cases of a civil nature, where the right is dubious, and the claims of the contesting parties are supported by evidence nearly equipoised, a mere preponderance of evidence on either side may be sufficient to turn the scale..."....show more

Product details

  • Paperback | 112 pages
  • 189 x 246 x 6mm | 213g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236641175
  • 9781236641175