JB/047/306/001

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24 Novr 1811
Evidence

☞ Hereinafter & spectator compared?

Cross-examination is a mode of interrogation
familiar to every English ear: but under this are same name,
operations, importantly different in their nature and
effect efficacy, are confounded and disguised.

It has In all cases, it has for its opposite examination in chief: interrogation, performed upon an extraneous witness, at the instance of that one of the parties,
by whom believing called frequent if his appearance in the character of a witness was called for, or, if his appearance was called for by
on both sides, at the instance of thought him by whom his actual deposition was first called for, – interrogation
thus performed, being interrogation in chief, at
cross-examination is interrogation at the instance of a
party, whose station is at on the opposite side of the cause.

Cross-examination being thus so described, it will immediately
In any case it will be seen immediately to be but of
and if applied has an incompletely-extensive, and, upon reflection, it
is supposed, an inadequate application of the principle
of undequaque interrogation, as above explained.
In English procedurepractice, Common Law such English-bred pr Procedure has its cross-examination;
– Equity over Rome-bred, to which belongs Equity procedure, a cross-examination of its own, and that
a very different one.⊞ ⊞ Hence ambiguity and confusion, to the clearing up of which matter must want for the moment wait – wait for matter which, in the next chapter, will present itself under its proper head. but it is not from the matter of the
next chapter that a of the different

In Equity procedure the operation of interrogation
being an operation performed for judicious delegation secrets
or for future with better secrecy
in effect but little inferior, prejudices – in both cases from a strong
of preappointed interrogations, departure from which any material would
not any principle the departure would not be
not to speak of the indication afforded by deportment, the
absence of which bears the evidence in the state of a dead
letter question arising out of the answers, and with them the
uncalled known to truth and justice with which they are of themselves are pregnant are thus lost.

Identifier: | JB/047/306/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-11-24	Marginal Summary Numbering	5-6
Box	047	Main Headings	rationale of judicial evidence
Folio number	306	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d19 / e4 / f92
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15174
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