CO129-226 - Acting Governor Marsh - 1886 [4-5] — Page 103

22.

accused wvão a

a pirate and was

going

a

piratical expedition.

The

question is what weight.

credit is to be attached to their cvidecoce ?

Now the evidence of the

uplices -

uncorroborated hav little weight in Courts of laws.

degree of creotis which might

to be given to the testicciory of an accomplice is exolswively in the proviice of the fury and it has been sometimes said that the Jury ought not to believe or him unless his evidence is corroborated. No

· positivo rule of law exists on

this

subject

not the Judges in their discretion

advise a Jury volts convict

generally

the prisoner cfton

the

textiriony of

CAL

accomplice alone, and considering the

respect

which is always poeid by the Jury.

to

100

to such advice from

the bouch it way,

be

regarded

rded as a

settled rule of practice not

to convict a prie oner except we

oner except under special

circudauces

upon

the

M

testimony of an accomplice.

orroborated

*

The doctrine has been well explained

by the late Lord Abinger :-

"His a

is a pratice", said his Lordship,

tu a case/

of night preaching, "which

"deserves all the

reverence

of the law, that " judges have miformly told juries that "they ought not to pay any respect "the testimony of

ar

accomplice,

to

unters

"the accomplice is corroborated in sonce "material circumstance. Now, in my

that corroboration ought to opinion,

#

"Concist in some circumestance that

"affects the identity of the party accused.

" A man who has been guilty of

crive