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23 Novr 1803
Evidence This to review or be cancelled

To warrant, on the ground of security against deception, the exclusion
just upon any species of evidence, two propositions must
necessarily, however tacitly and implicitly, be assumed. In the supposition
that by the exclusion on any given species of evidence a security
is afforded against deception, two propositions other suppositions, according to the a remark made on a former occasion are involved:

1. that the number of the instances in which such evidence testimony is tainted
with material falshood will be greater than the number of instances in which
it is pure from such falshood: 2. that the superiority of number
will be so great, that after deducting the number instances in which the falshood
fails of producing deception and erroneous decision in consequence,
the number in which it becomes productive of deception, and false
erroneous decision will be greater than the number in which it
fails of becoming productive of that pernicious effect.

To warrant the practice in question of exclusion both these propositions
must be true: examined closely, in the instance of the several cases of exclusion above enumerated, it will be found, that neither
of these propositions, not so much as the first of them, much less the
last presents any reasonable claim to the assent of a reflecting mind. an unbrassed mind.

To warrant the exclusion of a species of evidence on this ground
it is not would not be enough that it should have has proved false in every 10
instances for every 10 in which it has proved true: on the supposition
that in the half the instances in which the falshood is
advanced it fails of producing deception – on this supposition the
exclusion will not have been productive of any advantage on this ground,
unless for every ten 10 instances in which the evidence proves true,
there are 22 in which it proves false.

By proving false is to be understood I mean on the present occasion, proving
to such a degree false, as that in the instances in which it obtains credit
an erroneous decision becomes the fruit of it – a decision which had it
not been for such deceptions evidence would not have been pronounced,
but would have given way to a decision productive of the opposite effects
and conformable to the justice of the case.

Identifier: | JB/047/064/001
"JB/" can not be assigned to a declared number type with value 47.



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