JB/047/337/001

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24 Novr 1811 Ch.10 §. 5.
Evidence

§. 5. Oral or epistolary mode – which shall be employed? to employ?

By the oral mode in its best form, or by the epistolary
mode in its best form, – by which, in any given case,
will be most conducive upon the whole be rendered
service the best most service profitable to the purposes of justice?
The answer it will be seen, must depend upon has been seen already† † p., has an unavoidable dependence on
the individual individualizing circumstances of the each individual case.
There is will be seen to be Among the cases, extensive the collection of him will be seen to be in which a conflict has place is
apt to take place between the direct and the collateral ends of justice judicature, this
to occasion of judicature will be seen to be one. In some cases instances Where for rectitude of decision
the oral mode might be preferable, for avoidance of the delay
vexation and expence attached to personal attendance,
the epistolary mode may in this or that individual case
be in some cases the only mode prudentially, in others
the only mode physically, practicable. In other cases, where,
in the way of supplement for assistance to the oral, mode, the epistolary
mode, or vice versâ, might have its use not be altogether without its
use, the additional load of delay vexation and expence, susceptible inseparable from
it, might recommend the sacrifice of it.

The proposed examinee – in whereabouts what part quarter is his station in the
theatre of justice? – On the defendant's side, on the
plaintiffs side, or in the theatre of j witness's box?
Correspondent to these differences in position, a different different answers
may be found best adapted, upon the whole, to the purposes of justice.

Epistolary-extracted, shall it, in any and what
cases, be deemed sufficient, without orally-extracted
evidence? – In the first instance and provisionally, this the answer
will be seen to depend, as above, upon the individual particular circumstances
of the individual case. But in ultimate resort, the conflict between affirmance and disaffirmance still remaining no decision
that is to be irremediably definitive, will, it is believed, be found sufficiently grounded, if it be not
preceded by that has not for its warrant an examination, coram judice et partibus, face to face.(a)
Note 18(a)
(a) Thus, after an
Answer, put in upon oath,
to a Bill in Equity, the
contest is liable to conclude
(though by a separate cause)
with Jury trial on an
indictment for perjury. Add
to this the
the more frequent
case of an Issue.

Identifier: | JB/047/337/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-11-24	Marginal Summary Numbering	1-2
Box	047	Main Headings	rationale of judicial evidence
Folio number	337	Info in main headings field	evidence ch. 10
Image	001	Titles	note (a) / note 2(a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d12 / e1 / f123
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15205
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