JB/047/042/001

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7 Apr. 1803
Evidence

Evidence thus circumstanced shall it be admitted received or not
admitted? – if admitted, on under what conditions? – Such
are the practical questions which present themselves as pertaining to
this head.

On the question relative to As to its admission, light may be thrown by applying
to this subject what has already been presented to view
under the head of hearsay evidence.

Is the author of the pre-exhibited evidence forthcoming or
not forth-comin alive or dead; or rather – to take the most extensive embrace the whole
of the ground ground – forthcoming or not forthcoming> The propriety
of admitting admission the evidence of the description in question – and
in case of its admission, the weight proper to be given to it, will may
be found to stand upon a footing somewhat different according as
the answer is affirmative or negative.

In the case of hearsay evidence, the main ground of obstacle to
suspicion objection was – the inapplicability of the docrinastic processes
in the case of the supposed percipient and extra-judicially
narrating witness. The In that case the processes thus applicable
were – all the docrinastic processes without exception: and in particular
the ceremony of the oath with its eventual penal consequences:
also the whole of the security afforded by the faculty
of cross-examination: and from out of these deficiencies arose the characteristic
blemish of that species of evidence – viz: the danger
of collusion. Yet notwithstanding all those objections under all those grounds of suspicion, the propriety
utility of that species of evidence was has been established in
a variety of cases: and in several of those cases it was known to
be actually admitted of in the practice of English law. In the present case
the security afforded by the sanction of an oath has been applied
to the lot of pre-exhibited lot of evidence. So likewise that of cross-examination;
cross-examination by a party who if of though not of the same as in the
cause in hand, had at any rate (barring collusion) an interest in the sifting
of the evidence, if not exactly the same interest.

Identifier: | JB/047/042/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-04-07	Marginal Summary Numbering	3-6
Box	047	Main Headings	evidence
Folio number	042	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham; john herbert koe	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	14910
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