_Quod_ _dubitas_, _ne_ _feceris_.--"Where you are doubtful, never act;
that is, if you doubt of the prisoner's guilt, never declare him
guilty."
This is always the rule, especially in cases of life. Another rule
from the same author, 289, where he says:--
"In some cases presumptive evidences go far to prove a person
guilty, though there is no express proof of the fact to be committed
by him; but then it must be very warily expressed, for it is better
five guilty persons should escape unpunished than one innocent
person should die."
The next authority shall be from another judge of equal character,
considering the age wherein he lived; that is, Chancellor Fortescue
in 'Praise of the Laws of England,' page 59. This is a very
ancient writer on the English law. His words are:--
"Indeed, one would rather, much rather, that twenty guilty persons
escape punishment of death, than one innocent person be condemned
and suffer capitally."