New-York tribune., 1875-02-26

which such conclusion cannot be laid down universal
frequent found in the ancient books The
only general rule thai can be laid down on me nose th1 M
be would ead the guarncd d
creton Of reasonable and the concason for
ina, are equally capable Of two Interpretations
neither is It to be matter OF artificial reasoning judging
upon thngs differently from what would strike the care
ful eAgscoas consideration Of q discreet mnd-"
The Court proceeds:
Yhs rule simply and loosely stated eommends itself TO
eat case VIII lead US 10 correct decision"
The Judge then examined the evidence and came to the
conclusion that equally capable Of two interpretations
and therefore did not prove the fact which there In issue
The citation is from II Abbott Pr r. S. In that
Hoffman delivered the opinion states the dec
trine thus
e general rule that applies the degree and nature OF the
evidence demanded too well known TO JUSTLY statement
crime not required the approximate facts must lead by
fair inference TO necessary conclusion This not neces
conclusion In mathematical logical sense the
subject and conditions OF the evidence do not admit OF ms
but II must be con usion 80 Tar inevitable AZ h lhe supPo
reconeiled"
the subject oral confessions the authorities cited
hs the case Of Law Merrill leading case on the sub
ject the Court Of Rrrors Chancellor Waworth in
delivering the opinion Of the Court has occason TO Say
Mr.. Beach-Where do you read fromi
Mr. Porer-sth Wendell, 81. (aeading)
Again. evidence establish fact by the confessions OF the
party should always be scrunzed and received with caaon
is the dangerous evidence be admitted In
Court OF Justice and the liable TO abuse Although te
him give the words in which admission made
and etimes the ransposon Of the words o. party
may give meaning entirely different from thar waich was In
tended TO be conveyed 10 the witness"
The citation from the "a Com Law Reports sse,
Earle and Wife o Picken
In the Of this circuit Mr. Justice Parke several
times observes that weight ought not 10 atac 10 evil
OF party supposed said II very
frequently happens On that the witness has
few Of the expressions really used he gives an effect TO the
statement completely variance with what the party really
did say"
TIE next citation is from Hardeas Reports at page $40 in
Meyers where the Court states the rule
thus:
Proof Of confessions Of party in the presence OF the wit
nesses only are OF him and the adverse party although
competent testimony ought be weighed with great caution De
Is impose bic for the party to counerac by other e
mOny because the expressions used easily misunderstood or
perverted through design and because not the
whole conversation but only parts OF II are genery detane
the witness IL IL the most dangerous species OF testimony
held competent by the law and unless the story told proDa
be in its corroOoated by circumstance very 1T
tie weight is due TO IL"
The 9h volume Of Law Library contains the treatise Of Joy
the admissbiity Of confessions at page io5
Mr. Beach-What series il thati
Mr. Porer-Lttels Edition. si3 In Joy Confessions Il
page @ In this the learned writer has emb died what
perhaps the best statement be found in the English law
upol this subject and snguary enough nst appeared In
The Eit1gh RerieW, being from the hand OF the most ac
compshed Of jurisprudence not even excepting the
Of Jefreys
writer remarks this subject, at the imag
equivOcaOn asehOOd the ordinary badges OF gl
would naturally be found company with innocence There
many which truth, properly brought 10
hight would free the accused but his very situation dis
qualities him from dong justice to his statement Con
scous Of mis- ecttude, and proud OF his character ne
abashed humaed and cOniOunded by the charge Inc I'M
toward chances that have loaded him with suspicion may go on
% his ruin the false witnesses, who have now estaO
lhed prma face may ultimately convince ms Judges
should become object OF accusation w0ud nave
him yesterday impossible, than that accusation
should lead conviction The lat step seems far less
violent than first and the Of h progress
fatal augury, which teaches him TO despair OF s ssue
Mr. Beach-Alow me, Sir.
[Mr Porter hands the volume 70 Mr.. Beach,
Mr. Porte-The last citation that Gen Tracy has marked FOR
evidence s ls Greeneaf evidence Section 800 The Ian
cuage Chief Justice Redhed in this portion Of the text s
follows In somewhat extended experience Of jury trials
been compelled the conclusion that the most une
able Of all evidence that Of the oral admissions OF the party
And especially where they pupOrt TO have been made durg
pendency OF the action after the parties IN state
Of controversy Ii is uncommon for different witnesses
OF the conversations to give precsely opposite
Of them, and in Instances II VIII appear
witness deposcs the statement Of party az com
ing the other II very encouraging to ind wit
Of the best intention repeating the decarat onz OF the
party in favor the fullest admissions Of the utter
F1 f hfa lf,na