JB/051/415/001

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Evidence Note Leading and discrediting

-dit, we should say, putting his veracity credit to the trial, trying
whether the truth can g be got out of him or no: it is
only in the latter case letting him see that the loss of
credit will be the consequence of his persisting in keeping
it back.+ It is only in the latter other case, that it can be that is
where the witness has gone too far in the path of prevarication
to come back again, that the process carried
on by the examiner can be in strictness of speech
be stiled an attempt to discredit the him witness, that is, to
discredit him at all events. The result of the first
endeavour, may, it is true, in the event of that endeavour's proving
unsuccessful had terminate in the effect aimed at
by the second: but in the opposite event, it will act
have an opposite termination, and at any rate the two
endeavours are distinct, the latter very frequently not commencing
till after the former one has been deemed hopeless.

+ by objecting to the answer
in which he disclaims the
knowledge of it, a fact
with which such answer
appears to be inconsistent:
opposing the
answer as if with the
fact, and daring him
as it were to doing it.
The consequence is that
if the fact suggested by
the interrogating
is admitted, the witness
to clear himself from the
reproach of permanent
inconsistency, must either
retract or modify his
first answer by a second.
And in this case
the question ought rather
to be termed an objecting
of admonishing cautioning question,
than a discrediting
one.

19
The former only
could have been the
object in the present
case.

In the case in hand the object plainly was not
to discredit but only to admonish caution:; and by the force of
that admonition such cautioning to extract from the witness the truth
in the event of his heaving an inclination to withhold
it. To put him in fear of his credibility, might,
and probably in all probability would answer that
purpose: to destroy his credibility outright to take away his credibility altogether could answer
none.

Identifier: | JB/051/415/001 "JB/" can not be assigned to a declared number type with value 51.
Date_1		Marginal Summary Numbering	1-4
Box	051	Main Headings	evidence; procedure code
Folio number	415	Info in main headings field	preuves - examiner - brouillon
Image	001	Titles
Category	marginal summary sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	in french	ID Number	16580
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