 | John Reeves, William Francis Finlason - Law - 1879 - 504 pages
...reasonably encounter them; for the trial is not here simply by witnesses, but by jury; nay, it may so fall out that a jury, upon their own knowledge, may know...though nothing be objected against him, and may give the verdict accordingly" (Hale, Hint. Com. Laic, cited in De Lolme on the Const., c. 13). the other... | |
 | Maximus A. Lesser - Jury - 1894 - 302 pages
...practice, the jury might, in some rare and peculiar cases, disregard testimony; for "it may so fall out that a jury upon their own knowledge may know...against him, and may give their verdict accordingly." Hale, Com. Law, c. 13, 8 II. 4' In the case last cited. «s BushelVe Case, Vaughan, 135, 6 How. St.... | |
 | James Bradley Thayer - Evidence (Law) - 1900 - 1296 pages
...them ; for the trial is not here simply by witnesses, but by jury; nay, it may so fall out, that the jury upon their own knowledge may know a thing to...against him, and may give their verdict accordingly. "Twelfthly, When the whole twelve men are agreed, then, and not till then, is their verdict to be received... | |
 | Pennsylvania Bar Association - Bar associations - 1904 - 478 pages
...saying:95 "For the trial is not here simply by witnesses, but by jury. Nay, it may so fall out, that the jury, upon their own knowledge, may know a thing to...against him, and may give their verdict accordingly. """ Trial by jury, in those early days, was a different thing from that Palladium of our liberties... | |
 | Electronic journals - 1904 - 858 pages
...95 " For the trial is not here simply by witnesses, but by jury. Nay, it may so fall out, that the jury, upon their own knowledge, may know a thing to...against him, and may give their verdict accordingly." " The jury literally " found" their verdict wherever they chose to look for it, in their own " evidence,"... | |
 | Law - 1903 - 732 pages
...the following terms: "The trial is not here simply bv -witnesses, but by jury; nay, it may so fall out, that a jury, upon their own knowledge, may know...against him — and may give their verdict accordingly": (History of the Common Law of England, chap. 12, sec. IT). It was evidently the intention to make the... | |
 | Sir William Searle Holdsworth - Law - 1922 - 778 pages
...direction of the court ; and Hale,8 writing a little later could say : " It may so fall out, that the jury upon their own knowledge may know a thing to...against him ; and may give their verdict accordingly." How a jury came by its knowledge was not originally a matter with which the law concerned itself. Just... | |
 | Sir Matthew Hale - Law - 1971 - 213 pages
...them; for the Trial is not here simply by Witnesses, but by Jury; nay, it may so fall out, that the Jury upon their own Knowledge may know a Thing to...may know a Witness to be incompetent or incredible, tho' nothing be objected against him, and may give their Verdict accordingly. Tweljthly, When the whole... | |
 | Law - 1903 - 960 pages
...tho following terms : " The trial is not here simply by witnesses, but by jury : nay, it may so fall out that a jury, upon their own knowledge, may know...or incredible, though nothing be objected against him—and may give their verdict accordingly." (History of the Common Law of England, chap. 12, sect.... | |
 | Naval art and science - 1872 - 1106 pages
...Judge to abuse his office. Therefore, a subject need not fear to take his cae>o even as against the own knowledge, may know a thing to be false that a...against him — and may give their verdict accordingly." In all cases where a jury is employed, then, they alone determine which party has the truth upon his... | |
| |
... unless it be in cases of treason, nor to reject one witness because he is single, or always to believe two witnesses, if the probability of the fact does upon other circumstances reasonably encounter them ; for the trial is not here simply by witnesses,... 
