A Clear Case





MR. JUSTICE MAULE would occasionally tax the powers of country juries.

Ex. gr. Gentlemen, said the judge, the learned counsel is perfectly

right in his law, there is some evidence upon that point; but he's a

lawyer, and you're not, and you don't know what he means by some

evidence, so I'll tell you. Suppose there was an action on a bill of

exchange, and six people swore they saw the defendant accept it, and six

others swore they heard him say he should have to pay it, and six others

knew him intimately, and swore to his handwriting; and suppose on the

other side they called a poor old man who had been at school with the

defendant forty years before and had not seen him since, and he said he

rather thought the acceptance was not his writing, why there'd be some

evidence that it was not, and that's what Mr. ---- means in this case.

Need we add that the jury retired to consider their verdict?





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