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Browsing: Legal Papers of John Adams, Volume 2


This note contained in document ADMS-05-02-02-0008-0003-0003
10. Wood, New Institute of the Civil Law 305 (London, 4th edn., 1730):
“But all Confessions are not to be esteemed a discovery of the Truth, if there are no other corroborating Circumstances. For sometimes Fear or a weariness of Life, or some other Reason hath induced Men to make Confessions of those Things which they were never guilty of. . . . But when the Confession is regular, and admitted by the other Party, he ought to admit the whole as it is qualified, and when it is extended to other matters which are done at the same time; unless there is a presumption against that part. As when one confesses that he kill'd Titius in his own defense; the killing shall stand by it self as confessed, and the qualification must be proved, because the Law presumes design, and throws the proof upon the Criminal.”
The phrase between dashes in the text is presumably JA's insertion.
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2014.
http://www.masshist.org/apde2/