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Updated: June 18, 2025
Wilder answered, that it did not yet appear that a confession had been made. If it should be shown that one had, it would be then time to discuss its admissibility; and so the court ruled; and the witness answered that Myers did make a full confession.
To this question I feel compelled to reply, that such testimony is generally admissible; but, as there are special cases in which it is not, it seems proper to qualify that reply by a brief inquiry into the grounds and reasons of this admissibility, and the mode and manner in which such testimony is to be taken.
Luther himself abandoned afterwards the conclusions he drew from the Old Testament in this respect, and, as a consequence, rejected the admissibility of a double marriage for Christians. Friends of the evangelical and Lutheran belief can only lament the decision he pronounced in this matter. With that belief itself it has nothing whatever to do.
One Judge-Advocate whom I knew, who was as zealous as he was conscientious, instituted a series of Extension lectures for officers on the subject of Military Law, and used to discourse calmly on the admissibility and inadmissibility of evidence in the most "unhealthy" places.
A question, however, arose as to the right of vicars-apostolic to be invited to the council. They were bishops, indeed, but without ordinary jurisdiction. Hence the doubt as to their right to be called. Neither their admissibility, if invited, nor of their decisive vote when admitted was at all questioned. The precedents and practice of the Holy See were in favor of their being called.
Whether the admissibility of these postulates rests on intuition, or on proof, may be a matter of dispute; but in either case they are the premises on which the theorems depend; and while these are retained it would make no difference in the certainty of geometrical truths, though every definition in Euclid, and every technical term therein defined, were laid aside.
Till within even the last eighteen months, or two years, if you had gone down one morning at half-past nine to Westminster, you might have heard him opening with masterly ease, clearness, and skill, a patent case, or some other important matter, before a special jury; and immediately after resuming his seat, you would see him go perhaps into an adjoining court of Nisi Prius, in which also he was engaged as leading counsel, and where he would quickly ascertain the exact position of the case and effectively cross-examine or re-examine a witness, or object to or support the admissibility of evidence; then if you followed his footsteps, you would find him in the Lord Chancellor's Court, engaged in some equity case of great magnitude and difficulty.
They must judge of the existence of the law; of the true exposition of the law; of the justice of the law; and of the admissibility and weight of all the evidence offered; otherwise the government will have everything its own way; the jury will be mere puppets in the hands of the government: and the trial will be, in reality, a trial by the government, and not a "trial by the country."
However deficient may be the practice of erring mortals, the ideal standard in theory, is veracity, and not falsehood. As to the opinions of purely speculative philosophers, concerning the admissibility of the "lie of necessity," they have little value except as personal opinions. This question is one that cannot be discussed fairly without relation to the nature and law of God.
So much was seen from the copy of a report purporting to be extracted from a newspaper, and prefixed to the Junior Counsel's remarks, or Legal Considerations, on the conduct of the Case, the admissibility and non-admissibility of certain evidence, and the ultimate decision of the judges. Mr.
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