19 June 1805

Evidence

Introd

Ch. Procedure technical

''.9. Exception - Pauper Lists

When the class of offence is deducted, (in which homicide, and a few other species of delinquency, in to which rich and poor are alike exposed to fall, were unavoidably /however though/ included,) the remainder are alike open to both classes /conditions in life/.

It is for the accommodation /accordingly for this case/ of spending opulence /opulent delinquency/ that in addition to the so called civil remedy by action, the so-called criminal remedy by information, the silence[?] remedy as it is called in the language of silence even, is provided. In cases thus circumstanced /of this complexion/, were the prosecutor and defendant compelled or admitted /allowed/ to meet one another at the outset in the presence of the Judge, as in the pauper cases abovementioned, the art of business making, and every pretence for exercising it would be destroyed /put an end to/: accordingly the essential meeting the only sort of audience at which good justice can be done /justice can be properly administered/ /as it ought to be/ is no less carefully excluded in this criminal class, than in the civil class of cases. Writing, accordingly and Motions, work for Attornies, work for Advocates are here manufactured in sufficient quantity: and, in return for the profit upon all this business, facilities for perjury are given to gentlemen (for information causes are gentlemens' causes) facilities as great (it will be seen) as gentlemen can expect a gentleman give with any show of reason /can reasonably expect or decently give/.