date

nd [wm 1794] Inserenda Observations
nd [wm 1794]

Inserenda

Observations

VI. Miscellanea

§. 45

Anonymous

4

That there are cases in which anonymous information may have its use – that is, that real benefit may be derived to the public from there are cases in which information may be productive of benefit to the public, although the informant should not at the time of giving the information nor even at any subsequent time, make himself or be made known, will not be denied by any one.

One case is – where a crime is as yet but meditated, and an anonymous informant without saying by whom meditated, gives such information of it as serves for the prevention of it, no person in particular being called to account, or to so much as suspected of being concerned in it. Newgate is intended to be broke open tomorrow night – The Bank is intended to be broke open tomorrow night – A quantity of smuggled goods lie concealed in such or such a hole or cave – Suppose a man to give information to any such effect without making himself known, supporting it by indications, which an enquiry prove to be true. Is it better that Newgate should be emptied of its inhabitants or the Bank of its treasures, than that anonymous information of this sort should be attended to and acted upon? – The Gunpowder plot would not have

been
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    In the next place, whence comes the mischief of anonymous information, where it happens to be mischievous? – not solely from its being anonymous – not merely from the author’s being unknown: – to convert the danger into real mischief in any case, three circumstances more are requisite – viz: – that it be false as well as anonymous – and that it be acted upon – and acted upon to the prejudice of some individual, – as if it were true.
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    witness that he can be either convicted put upon his trial arrested or called to account in any shape: – if he is guilty, it is much more favourable to him than it would be if the informant declared himself, because in that case conviction, as above mentioned, might take place at once, without either the trouble of looking out for further evidence, or the danger of not getting it. In what way could anonymous information be more prejudicial to him than information from a person known, or so much as equally prejudicial? No Magistrate, no Board, no Jury ever yet convicted upon such evidence as the bare allegation of an unknown informant, or of any number of unknown informants: – to ground a conviction, there must be evidence given by an individual known, examined in person, upon oath and in presence of the party charged. So sure as a Magistrate presumed presumed to convict without the concurrence of any of these requisites ( confession, which supersedes them all being here out of the question) so thereby would he himself be convicted and punished on application to the Court of King’s Bench. In every point of view it is so much the better for the party whose supposed practices or designs form the subject matter of the information, that the informant should be unknown. If the informant were known, conviction and punishment would be the probable consequence. But so long as the informant is unknown, conviction without some other evidence is impossible, and the worst that can happen to a plotter is the frustration of his plot.
  • Title: [nd [wm 1794] Inserenda Observations]
    Description: nd [wm 1794]

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    VI. Miscellanea

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    Anonymous

    6

    The worst that can be said against anonymous information is, that to the public in respect of the interest it has in the prevention of the offence and the punishment of the offender, it is not generally speaking altogether upon a par in point of utility – equally serviceable with information from a person known, because it is not so certain of being adequate to the object of it, viz: the prevention of the offence, or the bringing the offender to punishment. If the man were known and forthcoming, you might get out from him every thing he knew: while he remains unknown you must be content with what he gives you. But whatever it is, it may be just so much more than you could have got at all, had it not been for the faculty which the informant reserved to himself of concealing himself: and if what it amounts to happens to prove sufficient to lead to the discovery of other evidence, affording a sufficient ground for conviction, it has then all the good effects that information from a known Informant could have had. To the /The[?]/ public therefore information from a person unknown is not quite so good /desirable/ as information from a person known: because in the latter case conviction may be obtained without further evidence or research which in the other case can not be. But to /But as to/ the /with a view to the/ person informed against, it is either more favourable to his interests than information from a person known, or at any rate not less so. If he is miscreant it is not the worse for him for being anonymous, for it is only upon evidence given by a known

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