JB/047/104/001

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10 July 1804
Procedure & Evidence.

Reason having nothing to do in the matter – the whole law
on the subject having been settled by the blind blindest prejudice – it
is almost lost labour little better than labour thrown away to search after the ground. This
following as likely as any other. Fear of deception forbids the
admission of a man on his own behalf man's testimony to his own advantage: fear of vexation, to
his own prejudice: has here both these causes of exclusion both here
concurr.

The complexity of the case, the confusion resulting from
it being so much the checker here – the shelter screen to error – the fence
against the light of truth, is so much the more effectual.

Whatever may have been the reason, or substitute for a
reason – the rule one of the rules is this. One defendant shall not
be admitted to depose to the prejudice of another.
Why not a co-defendant to the prejudice of a defendant?
Might no Is not the testimony of a stranger received
against him without scruple? Unquestionably. What
then is it that you are afraid of? Is it that an associate,
as such, is more likely to violate truth to his
prejudice than a mere stranger?

The fear of producing vexation (will it be said?)
forbids us to examine a man in a cause in which
he himself is defendant, although the points to which
it is proposed to examine him do not affect himself,
but another person made a co-defendant with him in
the same cause. – The fear of vexation? Vexation? – good: if
he will be unwilling, and refuses: But suppose no
unwillingness: – what becomes of the vexation then?

Identifier: | JB/047/104/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1804-07-10	Marginal Summary Numbering	4-7
Box	047	Main Headings	evidence
Folio number	104	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	14972
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