The Statesman.
London, England, 1818-12-29 00:00:00

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'Pt `tat Jqe being what we
now purpose to call their a tteition without the
closest spplicxtion of the mind to this one thing► the
result of our i.,semigation may be lost.

We have at featly shown that reasoning, or the
process by which we pass from one jutiKment to Imo.

ther, may be either true ,r faire ; right or wrong 1
judgments result from the one 0( i§e other. For as the
reasoning of a Counsel is f °undid upon evidence, the
judgment of a Jury is fasadadiupon the same. Bat
at every step of a train 4t (atoning must be item,•
diaiely discernible, else' we can never arrive at the
conclusion ; whenever we lose sight of a Counsel's
arguments, from that cement we cease to see the
bearings of the evidence ;! our judgment is bewildered;
dust is thrown in our ayes, qui in vein we are as-
tonisbed at our stupidity In ndt arriving at the con.
tlutions to which the Counsel lies been driven by fail.
lacious premises, or aseumptine evidence. This it
is in meat' asses, and- in nose more en, than la Ike
prosecutions for passing Forged Notes.
The evidence upon 4hich Juries are called to de-
cide in these cases, is what Legislators, Morslttit,•
and l'hilosophers cal I probabk evidence—a species of
evidence that requires, however, an agreement of
many witnesses, in great ',rimy of circucnstances,
without the possibility of a previous concert, to make
it equal to that of demonstration ; and in regard to
its application to a casts of trial for passing a Forged
Bank-note, it holds oat three grand sources 'theism a
Jury may arrive at a true and just verdict for or

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4

joadgfeahni against
ya
nlohfteethings,accused.m o testimony--that
n_d4Tphia:
persons
so
which
aegs,chfeisoc
rreweau—eci:rtuelicaenoi
idgeovnaliiedisilecede_iticetee
and that, whereby those who are good judges of the
point in question, guide oar
the altar of truth.
Wfr shall allow .that circumstantial evidence may
sometimes come in as t collateral in such prosece.
Lions ; but, to our minds, contemplating the matter
as if we were at this toOtent closetted in a jury.
room to.make up out doaisiomso the *llamado fated
a felloss.ctcatuie, there seems to be no other way of
viewing the species of evidence -now bet 'l'o us, than
, through the media we hold up to the " mind's eye"
of our Readers.
Upon the evidence of human testimouy the greater
part of our knowledge is.built. The faith of I,i.tury
depeivit upon it. Our most- lloly Religion is found.
..•
ed upon the testimony of the Apostle. The jgdp
menthe sofemn tribunals, with regard to men's 60
quirettighte, pad souls-reard to their guilt or their
ietiocence when they are eharged with crimes, is
founded upon this evideoce. All the Counsel, alto
the Judges bf the Empire know, that a great part of
their business is to canvas and weigh the evidence of
human testimony.
As respects the second source of probable evi.
dente, which we consider the authority of those who
ere good judges of the point in question, we remark
that Parliament itself, the Supreme Court of Judi-
cature of the British Nation, is often determined by
the opinions of Lawyers in points of law ; of Phy-
sicians in cases of medicine ; and of other artists in
what relates to their several professions. Now se
maintain (from the practice of Parliament), that in
cases of prosecution for passing Forged Dotes,
the
minor Courts of the realm hare a precedent for act.
ing otherwise than has hitherto been done. Hitherto
a Bank Inspector has been the sole judge of the
point in question—his ipse dixit decides whether a
Note be good or bad, genuine or forged ; bet it is
marvellous if a Batik Inspector be a better judge than
an accomplished engraver, since it is now mktioe.
ledged that there are really no secret marks
about a Bank-note, which any careful judge
of engraving and printing may not discover.---
We insist upon it that the Jury alone ought to de•
cide this point, and if they Cannot discover whether
a Note be really forged, let them, in addition to so
liffpector's evidence, call in the evidence of three or
more first. rate engravers: engravers too of Bank of
England or Country Bank-notes—for the former are
not superior in execution to tire latter ; and upon rill
agreement cr disagreement of as many judges of the
matter in question, and assisted by the testimony of
their own senses, let the Jury return a verdict.
The third source of probable evidence upon whirl%
a prosecution for passing a Forged Note proceeds,
is, that whereby we recognise the identity of thing.,
and persons of our own acquaintance :--That tiro
Bank-notes may be so perfectly alike as not to le
tlistinguisbable by those to whom they are best kiloae,
cannot he shown to be impossible. Noy, we Ito"
from the confessions of Inspectors that this may 11"P'
pen—that a genuine Note has been called a forgoll.
nod a Forged Note taken at the Bank as a red
Brisk-note. Now here is the key of the arch ups
which the palladium rests. Among a Ormond Bank,
notes Ito man cook! immediately recerize an in&
dual one without oily doubt ; amorig a thou'illo
.
sigtotares of the words Entering Clerk, g
judge of writing would discover that every &Wig
Clerk was not in all respects a perfect and cettlPii
imitation of some other. How then can an losytt
tor and Signing Clerk swear. to the identity of
individual Noce, when the imitation beteeen 061*
mid other Notes is so met, that 11 Jet

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bet Construct their verditt 11- tria gb
of individealh '
r attarot oing
offence, se ha till some observations make.,
In bringing th point bef:.re our Reader take
leave to saytth every tireorestenee kihanished
fully privateering
to hand. from our mind, its the retrtrapvilittli Of the late trials
IV' come
~...... except the evideac. For, that slog' e being *hut .: