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12 Decr 1811 Ch.10 §. 6.
Evidence
☞? See more on this subject under the head of confrontation.
§. 6. Of Cross-examination, Anglicé and Romano-Anglicé
Under the general head of interrogation, the term
cross-examination has been mentioned as a term pregnant
with with confusion: the time is now come forfor an attempt to dispel that confusion matters are now ripe
the endeavour to an attempt to dispel that it the time is now come for
to
Cross-examination being performed, as above, in the
only genuine and rational – in the English-bred
mode, – the questions put on one side have, for in part of their
ground, the answers given to the questions put on the
other: performed in the Rome-bred mode, the questions
are all framed for⊞ ⊞ framed in the shape of a fixt string of pre-appointed interrogatories – by a person, from whom all
questions on the other side, and consequently all
answers of which they can be productive, are
kept religiously avowedly and anxiously concealed.
In Rome-bred procedure, the process of extraction,
being for how many soever days or weeks continued,
being kept involved in impenetrable darkness, what
the nature of and effect of cross examination thus performed is may be a secret – not
to the non-lawyer, but the most even among lawyers to it may
all but those whose to whose their be so to all any except
all but those whose practice has bid them particular branch of experience has initiated them into
the secret of those the mysteries of that antique and adscititious system
of procedure.
A human By his in performance
of the operation to a Lawyer may
have been raised to the Chancery Branch without being knowing
of the application misapplication which is thereby under by the power
of that has been made of it.
Identifier: | JB/047/338/001 "JB/" can not be assigned to a declared number type with value 47.
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rationale of judicial evidence |
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