...of that jury, that doubt should entitle such party accused to a verdict of acquittal : And it wns, he believed, also admitted, that it was better that...doubt of the whole jury, and was to be construed to his benefit. He should now conclude with a short appeal to the jury, which he had for the sake of correctness...

...cost of the Queen only ? The rule of law, and the ordinary merciful presumption of the judges was, that it was better that ten guilty men should escape than that one innocent should suffer : but now it was to be reversed at the instance of those two sages of the profession,...

...of that jury, that doubt should entitle such party accused to a verdict of acquittal : And it wfis, he believed, also admitted, that it was better that...doubt of the whole jury, and was to be construed to his benefit. He should now conclude with a short appeal to the jury, which he had for the sake of correctness...

...order to prevent the escape of the guilty. It is belter, according to the established maxim of law, that ten guilty men should escape, than that one innocent man should be punished. In this view of the subject we confess we coincide. If it be wrong for a creditor to imprison...

...on the.nature and application of circumstantial evidence.] He then observed— If, gentlemen, it is' better that ten guilty men should escape, than that one innocent man should suffer, agreeable to the long established and well settled maxim, in the history of criminal jurisprudence...

...anti-repealers, and Protestants, and bringing into jeopardy also that wise maxim of the English law, that it is better that ten guilty men should escape, than that one innocent man should suffer. It did more. It was doing great injustice to the present jury. This proceeding was not only...

...now and then a guilty man might escape ; but it was better, according to the maxim of law, that nine guilty men should escape than that one innocent man should be condemned. But in civil cases requiring unanimity, it often delayed, and might amount to a denial of, justice....

...less because the witness voluntarily admits his guilt. The law, in a spirit of mercy, says, that it is better that ten guilty men should escape than that one innocent man should suffer. How important, then, would the rejection of this evidence be deemed by the exclusionist, were...

...bad for the sake of the good, than to injure the good for the bad." Hence the legal maxim, that it is better that ten guilty men should escape, than that one innocent man should suffer. Satius est recurrtre, quam currtre male. Prov. — " It is better to run back than to run the...

...— that sentiment is contrary, not only to the most ancient and approved legal maxims (" that it is better that ten guilty men should escape, than that one innocent man should suffer," Hale's PI. C. 300) ; but to the whole spirit and tenor of the common law on the subject. And...