The Statesman.
London, England, 1818-02-07 00:00:00

might destroy tight of batik in every bassair..«
Appellant be eseratisin, or he ts ithin theme of 14. ur heyotaL
d: I C:. 070, er orskdoed is, holy ordeis, or a ti assign, sir Ka
man ems •aid him .If by matter of record, then be shall sayo
• and this 1 ant ready io prove iu am the Coen shall award,' ha
nrshr abaft not wage battle," Horn's Mirror,. page 1511," was
then cited, Awl it vet forte--'r And its case wibrre hostile coup
nut hr jniaed, a..J there was Do wham, the Penide is persostal
action used to help themselves by a iairacleof God io this way—
" If the Desteeilant were a woman, or of •sich ss condition thug
she could 'satiate in battle, and Ilse Plaintiff ao witness to
• peeve kit mit, then the Defendant might clear bet credit hyst
allmele of God, or leave the predict she PlRiniiß, and in this
contrary case the proortmly helisteged lathe Plaintiff; *unbent
are divers causes to oast the Defendant in an appeal sit battles
far it Is said, thatif an infant is .ate bringeils an appeal, and
the lkfendant showeth that be is withal' age. aid"—
Lord Eu.avaostounn.—" Does it not state what age ?"
' Mg. Cause—" No, lay Lord; • but it gooses to say That
thedasticat are of opinion tlms be should be **OAR to sayer • •
Jae appal et the A ppethrat.' had dandle DOW*
_owls 4st die $44
MMasao IMI to g e the Wilt 1 led -if apa
,17y-assamiletw Nor •
oony nr aturder,lte shall ant wage Indite"'
lard Etaxtranitouna —" Have sou the original Inagragefo
Mr. (Missrv.—" Na,my Lord, l have not." The nett amino
My to which the Leaned Counsel referred, ens " Strains.
forth's Pleas of the Crown," published in the year 1567. whit*
in NI b. c. 9J. set forth " Tri .1 ballade is another trial which
the Defendant in appeal of retool may elect (that is, tell"
with the Appellant) if he choose." • •
Mr. encery observed, that this was tithes there *as sidling
le support the cannier-plea of the other party; for, in the same
sulthoe, page 178, it was stated—'4 71st reason why a man has
right Prepped is this; that there son evident ar prohable mat-
ter app. wrong against him to prove him guilty of a felony; bill
only a bare accusation of the plain.iffor plaintiff., who are ant
credible witnesses in taeir own cause' lit the same work it was
stated, " that if there he any thing thmicaa serve the pliddtitra
presumption, that the testimony and cause be true, be east
the defendant of kis trial by battle." 'Confirmatory of which.,
obierved the Learned Counsel, Blackstone said in his 2d Book.
" That sometimes presumioions are so 'twang as not to admit a
ptrsOf of the contrary." The Learned Counsel. in support of hie
arguments, cited a variety of quotations from several high au?
thorities. down to the time when the waging of battle ceased to
be practised. lie then gritted this past of his subject.. and en-
tered upon an assimilation of the counter plea of the Appellant.
in this ease, •in order to show that it dic•lnsed c reumstances
establishing a presumption of guilt wrung remota to warrant the
Coen in disallowing the sager of battle. He was describiag
the body of Mary Ashford as Miring been thrown into the pit oe
• water, when he was interrupted by
lets. Justice Ilartse, who said. *pat nothing was stated 'a
prove that she had been thrown into the pit ; for aught that
peered she might hive thrown herself info the water.
Mr. Car/TT conteaded that the c;reanssonows strongly in- -
dueed the inference that she was throws Imo the pit: she ileed.
ing body appeared to have beta carried in the arms of
,some
person along the path. aad the blood had trickled tiptoe same
clover by the side, of the path; the dew had sot been brushed
away by any thing hot the Mood. • •
Mr. Justice BA 'Let **Aiwa to Think, that the allegation re- • .
apes ting the dew nut bar* been brushed away was nut laid
with sufficient particularity.
Mr. Carers cited 1 Leach, C. I, .105. to n,Jet to prove, that •
la a en .uter-plea the year ;Recision and teeknictility were not
required at Man indictment. He then detailed other prominent
eircilnistalsces stated in the counter-plen, mentioniug particular-
ly the font-mark near the edge of the pit.
Mr. japice BArLxi,.—The impreseion of the font at the side
'of the pit ins in the counter plea, said to he a recent int-
ermit/as oily that it was that of* man's left foot, and lint that .
it all correspbtnled with the left tont of Thermo°. -4
• Mr. Carers. observed. that it was asserted to the counter-plea
that Thierbiall wore shoes fined to hi right and left foot.
• Mr.-38,16re A anor.— Hut you do not add that it was com- •
pared, or that, from circumstances. COMOP•041 seas impassible. •
Mr. Cisme replied, that the Appellant es- old only. state that „„
which ha aas in a coaditioa to verify ; die co:aster-plea was ac.
emapanied by an affidavit. and if a contained any thing on. •
true. the A ',penult was sus doubt liable to he prosecuted for ~
perjury% He submitted, that all the circumstances offered a
Itrn*CPreserePtiee of guilt, and it war not necessary to state '
authorities as to what are causes of -oipleion Pe merely refer- 14, -
I red to Dolt. Jam. c.' 166; nod to Phil. Evict. 129 1)e coat* t
declaration of the Appellee. and Mr siitweireitt admission that
he had had no illicit iatercoorse with Ntary Asbford, were 1.11;
stroilg indications of guilt. If it w,-re urged on 'beadier side. •,10.
}bathe autharities in the books in which trial by battle s.
been refu.sed were merely crises of taking wills the manes., he ..
-Sacred, that be only put them as instaocet, for the general ndilf".4
was,, that whenever there is ssintfig evidence or plesulapties • •
I gnat, the, question mast he tried by n Jury. The Counsel for •
Me Appellant were not buund to make oat a ease of dentonstra-
' that. at dr probahilits. It now hes acne bit dity to shoW;1101.
floe rogileation of the- Appellee Is ins/Akins!, no case coaM,ll. • •
.feratal where an Appellee had been allowed to reply fresh facet
"by. way of counter-presumption of igatscrece. the replication
Adtakted all the presumptions of guilt coal:tined its the manner- ..
insistiog, PoweSer, that the prestsaspolosis of innocence
irere the ratoilger ; and t§e whole, lit fact, sow upon no ohm,
that die AppelHe weito be discharged from all suspicion.—
. had, however.. been settird„. taat an MIMI, if trne, cask! only ,
"meal forward _aft a mutter a defences eke counter plea
adheded a primajaiit ewe", suspicion, and it so, the leadsmen
eetessarily be trHll bra Joy. • •+•A
Lord Fazanyoneca a. you contend that establishing a
ape of sorpicion is PII/Lrieoi to oust basin..? if so, you'retire ilk' -4
Rum the high ground you tookin die commencement—that the
presumption aunt be zo strong as to preclnJe all proof to dm
contrary.
Caters said, that the instances fres Brack* were thee*

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