A Complete Report of the Trial of Miss Madeline Smith, for the Alleged Poisoning of Pierre Emile L'angelier

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If such a case existed, it would no doubt be founded upon on the side of the prosecution ; but if there were not, he submitted that the present was not a case of the kind in which this Court should begin the admission of such evidence.
The Solicitor-General said that he knew of no principle in the law of evidence which excluded a document written by a deceased person from being used as evidence in such a case, and contended that it was good secondary evidence. It was a statement by L'Angelier t
...hat a cer- tain circumstance happened on a certain day. Their Lordships would not have excluded the evidence had it been deponed to by a third party who had heard the deceased make the statement ; and though he could not give a precedent precisely similar, he thought the whole principle of secondary evidence was in favour of its admissibility.
The Dean of Faculty was also heard on the point. He contended that no precedent could be shewn in which the ordinary pocket memo- randum of a deceased person had been used for the purposes souglit in this case.


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