DOI Page / Citation link:
https://doi.org/10.11588/diglit.70301#0032
£0 Kirby’s wonderful museum.
He had no proofs in his power at the time the contract was
entered into.
“ The court of France was not apprised of the fact. That
court considered D’Eon as a man. There were reasons
afterwards to believe the contrary. When those reasons
were made known, that court directed the matter to be
thoroughly investigated. Still it might have been difficult to
prove the sex, if the private quarrels of the parties had not
furnished such collateral evidence as puts the question out
of doubt.
“ On the part of the defendant there appears to have been
a backwardness to bring the cause into court. The inde-
cency was urged; there is nothing indecent in the business.
The witnesses have sworn to the fact on their own known
knowledge. They are either perjured, or you must credit
their testimonies.
“ As to the certainty of either of the parties, it hath been
well observed, that they both conceived themselves certain of
winning. This is the case of all wagers. I remember a
dispute which once happened between two persons, relative
to the dimensions of a statue of the Venus de Medici. A
wager was proposed by one of the parties. The other reT
plied, I will not lay any thing: it -would be unfair, for I have
measured the statue. The other answered: Why, do you
think I would be such a fool as to propose a bet unless I had
measured it also ? The wager was laid.
“ You will consider all the circumstances. If you think
that the bet is fairly won, you will decide in favour of the
plaintiff.”
The jury, without hesitation, gave a verdict for the plain--
tiff, seven hundred pounds, and forty shillings.
Immense sums on policies depended on this suit, the final
result of which however, left the parties in a very different
situation from that in which they were placed by the verdict
of the jury. The matter was solemnly argued before Lord
He had no proofs in his power at the time the contract was
entered into.
“ The court of France was not apprised of the fact. That
court considered D’Eon as a man. There were reasons
afterwards to believe the contrary. When those reasons
were made known, that court directed the matter to be
thoroughly investigated. Still it might have been difficult to
prove the sex, if the private quarrels of the parties had not
furnished such collateral evidence as puts the question out
of doubt.
“ On the part of the defendant there appears to have been
a backwardness to bring the cause into court. The inde-
cency was urged; there is nothing indecent in the business.
The witnesses have sworn to the fact on their own known
knowledge. They are either perjured, or you must credit
their testimonies.
“ As to the certainty of either of the parties, it hath been
well observed, that they both conceived themselves certain of
winning. This is the case of all wagers. I remember a
dispute which once happened between two persons, relative
to the dimensions of a statue of the Venus de Medici. A
wager was proposed by one of the parties. The other reT
plied, I will not lay any thing: it -would be unfair, for I have
measured the statue. The other answered: Why, do you
think I would be such a fool as to propose a bet unless I had
measured it also ? The wager was laid.
“ You will consider all the circumstances. If you think
that the bet is fairly won, you will decide in favour of the
plaintiff.”
The jury, without hesitation, gave a verdict for the plain--
tiff, seven hundred pounds, and forty shillings.
Immense sums on policies depended on this suit, the final
result of which however, left the parties in a very different
situation from that in which they were placed by the verdict
of the jury. The matter was solemnly argued before Lord