Trial of Miss Madeleine H. Smith, Before the High Court of Justiciary, Edinburgh, June 30th to July 9th, 1857

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ... the entries have been written with a lead pencil. I notice this to make the observation that ink and penmanship afford to a certain degree a means of ascertaining whe ther entries are made de die in diemy thus having the character of entries made daily; or, on tie contrary, of several! entries having the appearance, by change of ink or of pen, of being made at one time, and so from: after recollection. Where all the entries are in. pencil, there can be no security as to the time when the entries are, in point of fact, inserted, and that they are not ex post facto; or that the original entries have not been expunged, and others substituted in their.place--whether this be in correction of memory, with purpose and design of another character. The party making such entries in pencil has entire power over what he has done or chooses to do. But, waving this peculiarity in the present case, the general point is presented for determination, whether memorandums of a deceased person, setting forth incidents as having occurred.of particular dates, and connected with the name of an individual, are admissible as evidence to support a charge in a criminal case! So far as my knowledge goes, this is a new point. We have received no assistance from the bar by reference to any authority either direct or illustrative. No case has been cited to us bearing upon the subject. And having taken some pains myself to search for authority and precedent, I have been unsuccessful in finding either to guide us. If the fact be o, undoubtedly it is a circumstance, on which the objector to the admission of the evidence is entitled to found, as shifting from him to the prosecutor the burden of showing that such evidence ought to be received. I think the question is one of...