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...the Court of Justice is embarrassed by difficulties of a kind unknown at home. Not the least of these is due to the general untrustworthiness of Chinese witnesses. Experience has shown that when occasion requires, perjury is regarded rather in the light of a duty than as a moral offence by all classes of the people. And the motives which inspire a tale of falsehood are often so obscure or insufficient according to our ideas that it oftentimes gains credence from the apparent want of object to tell an untruth.
That most valuable kind of intelligence which springs from experience and a perception of presumptions and probabilities, which an English Jury is enabled to apply to the case of an English prisoner, can be brought to bear only in a very different degree upon the trial of a Chinaman, and the truth of a well-told story, such as most Chinese can easily manufacture, is wanting. If, therefore, lamentable failures of Justice sometimes occur in this Colony under our mixed system of Criminal procedure, it is not to be wondered at. To enable any Judge or Magistrate to reach the truth in any given case with a reasonable degree of certainty, I consider
332
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of Justice is embarrassed by difficulties of a Kind unknown at home..
Not the least of these is due to the general nutrustworthines of Chinese Withepes. Resperience has
shewn
that when recasion requires perjury is regarded rather in the
light of a duty than
as
a moral
offence by all classes of the people,_
A
and the motives which inspire tale of falsehood,
me often so obscure
or insufficient according to our ideas that it oftentimes gains exetence from the apparent want of object to
tell an nutruth.__
What most valuable Mind of intelligance which
springs from
experienced and a perception of presumptions and probabilities, which an English Jury is enabled to apply to the case of an English prionar can be brought to hear only in a
very different degree upon
the trial
Jes
of a Chinaman,_ and the best of the bruth
of a well thuit story, such as most chinese an easily manufacture,
is wanding. If therefore lamentitle failures of Justice sometimes occur. in this Colony under our meistic system of Criminal procedure it is not to be wondered at. _ To enable any Judge a Magistrate to reach
the truck in
A
any given
case with reasonable degree of certainty, I consider
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