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18 March 1806
Evidence
But a reason for the admission, has been is in this can found given:
I give it in the words of the living and undignified compiler because commentator,† † Peake 152. whose
book is no not yet in his that book, whatever reason or appearance of reason the nature of the
case affords is to be found ending not so much as an attempt
at reason in that far less instruction and accurate the wretched hodge-podge of his dignified predecessor‡ ‡ Butler 289.
which have received authority from office and from death from
death and office, the sources of authority to the sages of the law.
"For If this interest were to exclude testimony, there would never be any
evidence of such facts." For the purpose of the argument, admitted
though in terms rather two strong and indiscriminate to be correct, admitted,
as a proposition of a matter of fact protested against: in the character
of a reason justifying the exception admission in the character
of an exception, without prejudice to the propriety of the general
rule, denied. If falsehood and consequent deception and misdecision
were the prevalentlymore probable consequence of the admission of
such evidence, would the loss of it be of any disservice to the interests
of justice? would it not be worse than none?
Admitt the absolute necessary non-existence of all other evidence,
the danger, is then, in respect of probability, at its maximum:
were there other suppose the case to admitt other additional evidence
of a less untrustworthy cast texture, the danger attached to the admission
of this evidence would be proportionally diminished.
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