Author: Henry Joy

Publisher:

Published: 2015-07-14

Total Pages: 54

ISBN-13: 9781331403982

Excerpt from On the Evidence of Accomplices This little Tract was written many years ago. It was occasioned by the appearance of an anonymous work on the same subject, in which the author lays down what he asserts to be the established practice; or rather, as be calls it, the fixed rule of evidence, as to the testimony of an accomplice, and the corroboration which it ought to receive, before the judge can permit it to go to the jury. The principles which the author maintains appears to me to be erroneous; and not supported by the cases which be cites. The cases appear to have been inaccurately stated; the decisions of the judges garbled and incorrectly given; whilst the author's deductions are inconsequent, and his arguments often contradictory. His work, however, being the only one exclusively on the subject, it circulated among the profession; and as few take the trouble of investigating subjects on which others have bestowed their time and attention, the opinions of the author of that work appeared to gain ground. It was to correct those believed-to-be erroneous opinions that the present work was undertaken. As it was conceived that in England the practice with respect to the admission of the testimony of accomplices was well understood, and uniformly followed, and that it was in Ireland alone that any uncertainty as to the rule, or diversity of opinion prevailed, this work was intended merely for the latter country; and the object of its author it was thought would be sufficiently attained by submitting the manuscript to the perusal of the then judges, and the heads of the profession; and this having been done, the work was thrown aside as having performed its office. It may be asked, "why then is it now brought before the public?" To that I answer, that from two cases lately decided on Circuit in England, the law upon this subject appears to be set afloat in that country. The cases to which I allude are Rex v. Addis, 6 Car. & Payne, 388, and Rex v. Webb, id. 595. In the former, which was tried before Mr. Justice Patteson, the accomplice was corroborated as to collateral facts only, and the learned judge is reported to have used these words - "The corroboration of an accomplice ought to be as to some fact or facts, the truth or falsehood of which go to prove or disprove the offence charged against the prisoner." The evidence of the accomplice was not allowed to go to the jury, and the prisoner was acquitted. Rex v. Webb, was tried before Mr. Justice Williams. It was proposed to confirm the accomplice as to the mode in which the felony was committed, when the learned judge observed to the counsel for the prosecution, "you must show something that goes to bring the matter home to the prisoners; proving by other witnesses that the robbery was committed in the way described by the accomplice is not such confirmation of him as will entitle his evidence to credit so as to affect other persons. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.