JB/047/041/001

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7 Apr. 1803
Evidence

As to the The considerations on which in point of reason in these cases the exclusion has been
grounded, they appear to be as follows –

1. The questions as by which the prior evidence was drawn
forth – the questions of the answers to which it is composed –
not chosen, any of the, by the party against whom the evidence
is now attempted proposed to be produced. Therefore whatever truth
may be contained in that mass of evidence, it is not the whole
truth – but only a part of the truth: and such part the tendency
of which will naturally be exclusively favourable to the
party by whose questions it was called forth – in so far as and
by whom the production of it is now proposed: unfavourable therefore to
the party by whom the production of it is now opposed.
Ground of the objection in one wordpartiality. And reason – The evidence partial,
being drawn forth by partial questions, put only on one side.

2. No opportunity of cross-examination possessed by the party
by whom on that account the production of it is now opposed.
Therefore no opportunity power of applying this most powerful of all
tests to the deparation of this already partial evidence.
Ground of the object in one word – want of scrutiny. Those reasons – The evidence
unscrutinized.

3. In case of mis-statement – whether through unintentional
correctness or mendacity – no opportunity power on the part side of the
party now prejudiced by it, to encounter it by opposite
evidence, supposing such opposite evidence to be in existence.
Ground of this object briefly expressed – want no opportunity of counter contradiction: The evidence
uncontradictable.

4. Danger of collusion in the first individual instance –
facility given to collusion in future instances – should evidence
thus circumstanced be admitted deemed admissible.

Identifier: | JB/047/041/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-04-07	Marginal Summary Numbering	2
Box	047	Main Headings	evidence
Folio number	041	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	14909
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