JB/052/517/001

Click Here To Edit

1823. Octr 28.
Constitutional Code. or Procedure
Ch. Procedure in distantes
§.
11. 28
Indifference no more
to be depended on in
case of extraneous witnesses
than in case of
parties interested defendants

As to indifference, although it may have
place and of course not unfrequently will have
place, it is however no more to be depended
upon, consistently with common sagacity, in
the case of an extraneous witness, than in the
in case of a party — on the occasion here supposed,
a party on the Defendant's side: by interest in
every imaginable shape — self-regarding, sympathetic
and antipathetic — by a tie of interest of any
degree of strength from that of a to that
of a cable, of the slightest imaginable. up to an
interest equal in strength to that of the party himself
or even greater, may the affections and correspondent
conduct, that is to say on the present
occasion the discourse, of the extraneous witness,
be determined. By correspondent variations in
respect of frame of mind as between a party defendant
and an extraneous witness on his side,
the bias towards that side in the mind of the extraneous
witness may be made even stronger
than that in the mind of the Defendant himself:
many, there can be no doubt, have been
the occasions, on which, for the purpose of
giving support to the side of a Defendant, in
a suit in which, for the advancement of his own
interest, the Defendant would not have transgressed
the line of truth, an extraneous witness
has, without solicitation on the Defendant's part,
or intercourse held with him immediately or
unimmediately, transgressed that same line in
such sort as to have fallen into the guilt of perjury.

Identifier: | JB/052/517/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-10-28	Marginal Summary Numbering	28
Box	052	Main Headings	constitutional code; procedure code
Folio number	517	Info in main headings field	constitutional code or procedure
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c11
Penner	john flowerdew colls	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17190
Box Contents