A complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the year 1783 Volume 19 - Brossura

Howell, Thomas Jones

Brossura

ISBN 10: 1231875615 ISBN 13: 9781231875612

Casa editrice: RareBooksClub.com, 2012

Riassunto

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. 1816 Excerpt: ...an imposition put upon him by the forgery of this will, it being produced to bim as the will of John Wilkinson, who was on board the Amelia privateer, by bis pretended personal representative; and it is likewise laid in the indictment to be to Noads's damage. And I must submit it to your lordship, that it is a rule af evidence, that no person can possibly be admitted as a witness to overturn a fact, the overturning of which may be anyways beneficial to himself. In order to state this objection as fully as 1 can, 1 beg leave to mention the words of Hawkins's Pleas of the Crown, 433, and apply what is there said to the present objection. It is there laid down as a good exception against a witness, that his interest is concerned; " That he is either to be a gsiner or a loser by the event of the cause, whether such advantage be direct and immediate, or consequential only: and this seems to be the reason, wby he who is bail for the defendant cannot be a witness for bim without consent. Also upon the same ground it is agreed, that he who borrows money upon au usurious contract, cannot be a witness upon an information,for the usury, unless he hath paid the money, whether such information be brought by himself,or auy other; for, if in such case a man might be a witness, he would in effect swear for himself, by proving a matter which may avoid his own contract. And upon the like reason it hath beSn ruled, that he who has been imposed upon by a sleight, to set his hand to a note for more money than he intended, is no witness on an information for the cheat, because a conviction may be a means to avoid the note, by being made use of as a motive to influence the jury: and for the like reason it is generally aajreed, that he whose property may be prejudiced by a fo...

Dettagli dell?edizione

• Editore: RareBooksClub.com
• Data di pubblicazione: 2012
• ISBN 10: 1231875615
• ISBN 13: 9781231875612
• Rilegatura: Copertina flessibile
• Lingua: Inglese
• Numero di pagine: 664
• Contatto del produttore: non disponibile