3 Sept. 1812

Evidence Introd

Introd

Ch. 12 Circumstantial

'.11

By this sort of assumption what have been the effects produced on the administration of justice?

1. In each cause taken by itself, has the probability of right decision received any increase? - does any sufficient reason appear, for concluding that the inference thus drawn by the Judge was more rational than that which, in that same case, would have been drawn by the Jury? - On the contrary? when the inferences thus drawn come to be looked at, so flagrant will their absurdity and folly be frequently - not to say most frequently seem to be, as to preclude the idea that nay inference so absurd and foolish could have been drawn by any understanding, not corrupted by that species of half-absurdity half-nonsense, what among lawyers has received the name of science: and and it is under the assurance, that, under the guidance of common sense, no such inference would be drawn by the twelve unlearned men whom he has had to deal with, that the judge has thus taken the business upon himself: - Under that assurance? Yes: - and for that very reason: for on the supposition of an expectation on his part, that the inference, and from the inference the decision formed, would have been the same as that which it was his desire to see formed, use there would be time, even with reference to his own purposes in his thus taking it out of their hands.

1. Mischief the first - Producing misdecision in each particular cause, on the occasion of which the assumption in question has been made - the incongruous power exercised.