Really I wish I was more acquainted than I am, with the course of criminal jurisdiction-if the question had never been decided, I should have extreme doubts upon it, and those extreme doubts which I should have would lead me in a criminal case to do otherwise than I should do in a civil case-in every civil case [I speak in the hearing of a great many professional gentlemen] wherever I have serious doubts, I follow the doctrine which I have collected to be laid down by Lord Hardwicke; I receive the evidence, giving the jury the best instruction I can upon the effect of it; and I do it in the case of civil proceedings, without running the risk of doing any hurt, because if I receive it improperly, a season will come when the Court can correct my error.