5Jan y 1807

Scotch Reform To L d Grenville

Facienda

Juries why on appeal only

In a word /truth/, the cases /case/ and the only cases in which a /the/ Jury is capable of being employed to advantage /intervention of a Jury is desirable not to say possible/ are those in which the evidence, the whole of the evidence which the case furnishes, being as well at the command, as within the knowledge of both parties is ready on both sides on the same day, being the first day that any thing is done in the cause: always understood that there be not more of it than can be heard through and undergo sufficient consideration in the compass of a single sitting. In a word the only causes fit for the cognizance of a Jury are those causes which without a Jury be concluded the same day as begun, concluded in the morning without need of being put upon the list of adjourned or appointed causes.

To causes of this description it certainly would not be impossible to have a box /Jury-box/ of competent dimensions[?] with a Jury to fill it so long as the Judge were on the bench. Here is possibility; but where is the use? Whether a cause be or be not ripe for decision on the first day is a fact which can seldom be known beforehand (for how should either party know this exactly what the others evidence may be?) or at least will very often not be to be known beforehand. Here then is a cause brought as before a Jury under the uncertainty whether their hearing it can be of any use: if indeed the whole of the evidence be forthcoming on both sides, and not too abundant /copious/ they hear it and give their verdict: but if either there be too much of it, or a part be wanting (a /an absent/ witness for example too distant to be fetched in time, or a witness capable of being fetched to contradict the unexpected assertions of a present witness) in either case no verdict or at least no fit /just/ verdict can be given.