JB/047/057/001

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Feby 1803
Evidence

Both Each of those rules – the rule of ad exclusion, and the rule of
ex admission are is rash and incongruous, for want of the
requisite if given in the character of an universal and
inflexible rule, unsusceptible of modifications or exceptions.

1. Although this species of evidence, considered in specie,
is liable to have originated in the characteristic fraud, yet in this
or that particular instance it may the improbability not to
say impossibility of its having had any such undue origin
may be sufficiently manifest established. If for instance it
be established that at the time when the plaintiff or defendant
wrote the paper he had no such interest as that which gave
occasion to the suit: nor, for any thing that opposes any other
interest in giving such a representation of the matter supposing
it to be false.⊞ ⊞ For in this case,
considered in the character
of a witness, he would
at the time of uttering this
testimony be an indifferent
witness – a witness not

exposed to the action of speaking under the influence of any
sinister interest. Much more if it be established
that at the time he had an opposite interest: that in
this that particular way shape, the effect of a pursuance entertained by the
Judge in affirmance of the matter of fact asserted in
the statement in question, would be to subject him – the present author
of the paper – to a less burthen or other disadvantage. For in this case,
the discourse considered in the character of evidence, would be
of the nature of self-disserving, or say confessional evidence: –
of which above under the head of in the book on Circumstantial evidence.
His interest has indeed since undergone a change: but it
was before the change that the evidence in question evidentiary discourse – the discourse
in question was brought into existence.

Identifier: | JB/047/057/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-02	Marginal Summary Numbering	7
Box	047	Main Headings	evidence
Folio number	057	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	14925
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