FREE BOOKS

Author's List




PREV.   NEXT  
|<   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50  
51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   >>  
," said Forester, "by reversing the condition of the parties. Suppose that you had been fishing, and a large fish had come swimming about your hook, and that Jeremiah had then come to put his hook in at the same place, should you have thought it right?" "Why, I don't know," said Marco. "It is doubtful. Now, it is an excellent rule," continued Forester, "in all questions of right between ourselves and other persons, for us to give them _the benefit of the doubt_." "What does that mean?" asked Marco. "Why, if a man is tried in a court for any crime," replied Forester, "if it is clearly proved that he is innocent, of course he goes free. If it is clearly proved that he is guilty, he is convicted. But if neither the one nor the other can be proved, that is, if it is doubtful whether he is innocent or guilty, they give him the benefit of the doubt, as they term it, and let him go free." "I should think that, when it is doubtful," said Marco, "they ought to send him back to prison again till they can find out certainly." "No," said Forester, "the jury are directed to acquit him, unless it is positively proved that he is guilty. So that, if they think it is doubtful, they give him the benefit of the doubt, and let him go free. Now, in all questions of property between ourselves and others, we should all be willing to give to others the benefit of the doubt, and then the disputes would be very easily settled, or rather, disputes would never arise. In this case, for instance, it is doubtful whether you had a right to come and interfere while the fish was near his hook; it is doubtful whether he did or did not have a sort of right to try to catch the fish, without your interfering; and you ought to have been willing to have given him the benefit of the doubt, and so have staid away, or have given up the fish to him after you had caught it." "But I don't see," said Marco, "why he should not have been willing to have given me the benefit of the doubt, as well as I to have given it to him." "Certainly," said Forester; "Jeremiah ought to have considered that there was a doubt whether he was entitled to the fish or not, and to have been willing to have given you the benefit of the doubt; and so have let you kept the fish. Each, in such a case, ought to be willing to give up to the other." "And then which of us should have it?" asked Marco. "Why, it generally happens," said Forester, in reply, "that only one of t
PREV.   NEXT  
|<   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50  
51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   >>  



Top keywords:

benefit

 

doubtful

 
Forester
 

proved

 

guilty

 

innocent

 

Jeremiah


disputes

 

questions

 

instance

 
interfere
 
condition
 
generally
 

Certainly


parties

 

settled

 
easily
 

property

 

entitled

 

considered

 
interfering

reversing

 

caught

 

replied

 

continued

 

excellent

 

persons

 

thought


convicted

 

positively

 
acquit
 

directed

 

prison

 

swimming

 

fishing


Suppose