Innocent until proved guilty

[Baker, John]

        YBQ has this back to 1857.  Here it is from 1827 (or, according
to a headnote, possibly 1828).  Westlaw says it's from the New York
Supreme Court, but I believe what is meant is the New York Supreme Court
of Judicature.

<<I cannot believe that our criminal law is chargeable with such gross
injustice. It has been framed and matured in wisdom, and in mercy. It
exults in the belief that every man is innocent until proved guilty; and
it glories in affording to the accused every possible means of
vindicating his innocence. It scorns the rack and every species of
torture; it disdains trick and circumvention, and invites to an open,
full and fair investigation of the offence.>>

Lambert v. People, 9 Cow. 578 (N.Y. Sup. Ct. 1827).  There likely would
be earlier examples in the English cases, but Westlaw doesn't go back
that far.


John Baker


-----Original Message-----
From: American Dialect Society [mailto:ADS-L at LISTSERV.UGA.EDU] On Behalf
Of James A. Landau
Sent: Wednesday, January 31, 2007 8:06 PM
To: ADS-L at LISTSERV.UGA.EDU
Subject: Innocent until proved guilty

I seem to recall that this saying was discussed on the ADS-L, but I
cannot find it in the archives, so here goes:

Dickens _Great Expectations_ (published as a magazine serial starting in
1860) chapter 18:  "[Jaggers the lawyer says] Do you know, or do you not
know, that the law of england supposes every man to be innocent, until
he is proved---proved---to be guilty?"


   - Jim Landau

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