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" "No one can doubt that presumptions may be made in criminal as well as in civil cases. It is constantly the practice to act upon them, and I apprehend that more than one half of the persons convicted of crimes are convicted on presumptive evidence.
Sir John Bayley, 1st Baronet (1763–1841), was an English judge. He was called to the bar in 1792, and was made a judge of the King's Bench in 1808. After sitting in this court for more than twenty-two years, he was at his own request removed to the Court of Exchequer in November 1830. He resigned his seat on the bench in February 1834, and in the following month was created a baronet and admitted to the privy council.
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There may be cases in which there is so much of difficulty in knowing where the law stands that we take time to consider, and sometimes doubt much and sometimes differ among ourselves. But I believe every one of the Judges acts upon the principle that he is before man and God in the discharge of his duty, and acts upon his solemn oath, and declares tbe law not according to any political fancy, or for the purposes of serving one party or serving another, but according to the pure conviction of his own mind without looking to any party.
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It is one of the essential qualities of a Court of justice, that its proceedings should be public, and that all parties who may be desirous of hearing what is going on, if there be room in the place for that purpose,—provided they do not interrupt the proceedings, and provided there is no specific reason why they should be removed,—have a right to be present for the purpose of hearing what is going on.