JUSTICE BY MAJORITY

Mr. Justice Perrot was a servile political judge, whose power

of discrimination was well measured by the celebrated way

in which he summed up to the jury in a case of a disputed

watercourse, at Exeter Assizes. He concluded thus: “Gentlemen,

there are fifteen witnesses who swear that the watercourse used

to flow in a ditch on the north side of the hedge. On the other

hand, gentlemen, there are nine witnesses who swear that the

watercourse used to flow on the south side of the hedge. Now,

gentlemen, if you subtract nine from fifteen, there remain six

witnesses wholly uncontradicted, and I recommend you to give

your verdict accordingly, for the party who called those six

witnesses.”--CROAKE JAMES, “Curiosities of Law and

Lawyers.”

(1708)

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