JB/047/360/001

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30 March 1812
Evidence

Note 6(a)

6(a) To a very considerable no inconsiderable extent, after all that can
be done to narrow the application of it, true it is, that admission to
evidence in this shape, can not (it will ap on reflection
appear manifest) be refused: for example on
ex parte applications, and on applications to which,
supposing the facts being in to be as stated, there can not be any reasonable
For By To the offspring and pupil of technical procedure
every advantage is enjoyed which is afforded by
the faculty of giving, by means of vague generalities,
incapable out of the reach of being reduced by apt interrogation to
particularity, as in the open & Interrogated mode,
what degree of indistinctness, obscurity, & imbecillity
is found most convenient, in or regarded the of
texture of the several declarations or allegations taken
separately, and, moreover by studied disorder in the component
parts, every additional serviceable addition to the
indistinctness, unintelligibility. evasiveness, and
deceptitiousness of the aggregate as in the texture composition
of the aggregate ground for apprehending objection on the other side.
But, a rule which presents itself as being capable of
being without danger, established in the character of an
inviolable one, is – that no such evidence shall
in any case be received without being eventually
subjectible to counter interrogation: – and that, sooner or
later, in the oral form.

Under the existing practice, no such counter-interrogation
being in any case, admitted, the consequence is – that against mendacity
in and by affidavit evidence, there exists not
remedy but any other remedy than a prosecution for perjury. But, even in this
case, the party prosecuted is not allowed to be interrogated;
the testimony of another person opposed to his is not
of itself deemed sufficient to warrant conviction; and where
conviction does take
place, punishment
with lawyer’s profit, takes place of that
prevention, which without
expence of punishment
might in the other
case have been the result. Here, then, under the mask of tenderness, is needless and rigour, and that rigour ineffectual: here, as elsewhere, such are the tender mercies of the man of law.

Identifier: | JB/047/360/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-03-30	Marginal Summary Numbering
Box	047	Main Headings	rationale of judicial evidence
Folio number	360	Info in main headings field	evidence
Image	001	Titles	note 6 (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d20 / e5 / f146
Penner	jeremy bentham	Watermarks	john dickinson & c<…> 1809
Marginals		Paper Producer	a. levy
Corrections		Paper Produced in Year	1809
Notes public		ID Number	15228
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