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" "Personal injury is a more serious matter than damage to property.
Sir Alexander Cockburn, 12th Baronet, QC (24 September 1802 – 20 November 1880) was a Scottish lawyer, politician and judge. A notorious womaniser and socialite, as Lord Chief Justice he heard some of the leading causes célèbres of the nineteenth century.
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We do not desire that the unanimity of a jury should be the result of anything but the unanimity of conviction. It is true that a single juryman, or two or three constituting a small minority, may, if their own convictions are not strong and deeply rooted, think themselves justified in giving way to the majority. If is very true, if jurymen have only doubts or weak convictions, they may yield to the stronger and more determined view of their fellows; but I hold it to be of the essence of a juryman's duty, if he has a firm and deeply rooted conviction, either in the affirmative or the negative of the issue he has to try, not to give up that conviction, although the majority may be against him, from any desire to purchase his freedom from confinement or constraint, or the various other inconveniences to which jurors are subject.
I readily admit that the law which requires presumption or custom to be carried back for a period of nearly 700 years, is a bad and mischievous law, and one which is discreditable to us as a civilised and enlightened people, but such is the law; and while it so continues, I consider myself, in administering it, as bound to administer it as I find it; nor do I feel myself warranted in undermining or frittering it away by subtle fictions or artificial presumptions inconsistent with truth and fact.
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It is true, as Mr. Folkard put to us, as the Judges of old felt, there are instances in which discretionary power might be grievously abused, and was abused in times such as I trust this country will never see again. At the same time, men are open to the infirmities which unfortunately attach to human nature. There may be dishonest and corrupt Judges among us, though I trust to God that will never happen. I agree you are to frame your rules so as to keep the administration of justice as far as you can beyond the possibility of corruption. On the other hand, if a rule is essential for the convenient administration of justice, you must trust to the honesty of those to whom you commit that most important department of the State. You must trust to the means you have of punishing corruption and dishonesty if you find it operating on the minds of those judicial officers.