JB/047/358/001

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30 March 1812
Evidence

5. In the case of deposition evidence, it has been seen
how far the statement, to which the deposed deponent
is made toap annex his signature, is from being exhibiting
a true and genuine impression of his mind.
In the case of affidavit evidence, it is still farther
from exhibiting any such desirable result.

In the case of the deposition, questions put to the deponent, being
the instruments constantly employed for the extraction of evidence
where for for the deponent , a be so it is,
that before any words are that (unless in the case of that sort of suggestion, the utterance
of which would, on the part of the examining functionary be
an act of transgression and malpractice) before any words are found
for the deponent, the it is left to him to find words
for himself: and thereupon it is, that, when the substituted
words, which are presented to him for his adoption,
have been committed to writing, should the deviation
be such as to present to his mind the idea
of a material misrepresentation, the recollection
of his own words – the recollected sound of his own
voice – helps to point his attention to the error,
and gives additional probability to the of and affords an additional chance for the been receiving the correction of it.

In the case of an affidavit, even this check, inadequate
as it is, is wanting. The Attorney gets up the
the story, – dresses it in the colours such colours as
appear most advantageous for his client’s interest (not
forgetting his own) – represents to the client him what turn given to
the phrase will be most best suited to the purpose for is advantage, and should
the turn be the complecti of it complection of it be in a greater or less degree more favourable than
the correct truth would have been, it is then left to the discernment
of the client⊞ ⊞ the unpractised,
and naturally awestruck
and bewildered client
– to discover all along what
necessary demand there
may be for correction,
mode of correction, and
to his probity and
activity, working against the
bias of his interest, to
apply it. to discover the and progress
mode

Identifier: | JB/047/358/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-03-30	Marginal Summary Numbering	5
Box	047	Main Headings	rationale of judicial evidence
Folio number	358	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d18 / e3 / f144
Penner	jeremy bentham	Watermarks	john dickinson & c<…> 1809
Marginals	jeremy bentham	Paper Producer	a. levy
Corrections		Paper Produced in Year	1809
Notes public		ID Number	15226
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