CO129-199 - Acting Governor Marsh - 1882 [4] — Page 162

by

"grand jury

in this Country to find a "true" Bill where thee evidence is exparte

"only

or such as with endence on both

sides would induce a krajietrate to

G

comment for trial, and in explanation

of this way be added that a "Myitrate is clearly bound, in the

Exercise

of a sound discretion, not to

commit any ou

one unless a prima facie. case is made out against-lin the witnesses entitled to a reasonable

by

degree of credit. The Justices ought not Merefore to balance the evidence and decute according as at preponderates, for this would, in fact; be taking repor Ammaelves the punctions of the

petty jury

The Reging,

the case; but,

they

ན་

5-3

160

they should consider whether or not tha evidence makes out a strong or probable

o teu a

one

conflicting ease of south in any

of which cases they alwuld couveur the accused to treat. If however, poutta slender nature of the evidence, the

unworthinees of the witnesses, or the conclusive proof of i

the

innocence produced on part of the accused, they feel that the case is not sustained, and that if they sent at for trial be must be w acquitted, they should discharge the

accused

(Argued) B. L. Mcallen

3rd December, 1981.

Allory Savval.