...This was natural. But it must not be forgotten that in this class of cases the "accusation was easy to be made and hard to be proved, and harder to be defended by the party accused, though never BO innocent," coming as it did from a child of six years, with no other witnesses to the act. It was...

...crime of rape, — on account of the fact, as Lord Hale puts It, "that this accusation is easily made, hard to be proved, and harder to be defended by the party accused, notwithstanding his innocence," — the defendant "is let in, In his defense, to some privileges which...

...experience as a judge, which has been repeated in the books for two hundred years. ' It is true,' he says, ' rape is a most detestable crime, and therefore ought...never forget a trial before myself of a rape in the *>. C. 1UU4 county of Sussex,' etc. : pp. 634 and 635. And again, ib., vol. ii., p. 290 : ' But of...

...accusation which requires to be watched with more caution than a charge of rape. As Lord Hale says, " It is an accusation easily to be made, and hard to...defended by the party accused, though never so innocent." He mentions a case which was tried before himself, in which a wealthy old man of about sixty-three...

...courts. He said : "It must be remembered that it is an accusation easily to be made and hard to he proved, and harder to be defended by the party accused, though never so innocent." 1 Hale PC 635. The statement is peculiarly applicable here, since the complaining witness is white...

...says: 'It is true that rape is a most detestable' crime, and therefore severely to be punished, \yith death; but it must be remembered that it is an accusation...to be defended by the party accused, though never во innocent.' " He mentions some instances, and comments on them, and continues: "I only mention...

...maxim of Lord Chief Justice Hale(2), so dear to every counsel defending this class of case, that rape is " an accusation easily to be made and hard " to be proved, and harder to be defended by the party to be " accused, tho never so innocent." Its basis may perhaps be found in the Levitical law(3), where,...

...jurisdiction since that day. He says: 'It is true that rape is a most detestable crime, and therefore severely to be punished, with death ; but it must be remembered...defended by the party accused, though never so innocent.' " He mentions some instances, and comments on them, and continues : "I only mention these instances...

...Law Amendment Act, 1885, or of an indecent assault 1 Sir Matthew Hale, CJ, said of a charge of rape, "It is an accusation easily to be made and hard to...defended by the party accused, though never so innocent." - So much depends on the credibility of the woman on whom the offence is alleged to have been committed....

...to instruct the jury along the lines of the Sir Mathew Hale rule, namely, that a charge of the kind "is an accusation easily to be made and hard to be...defended by the party accused, though never so innocent." That Is not a fixed rule of law applicable to such cases, as the rule of reasonable doubt and the presumption...