JB/052/518/001

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1823. Octr
Constitutional Code.
Ch.
§.
12 29
Reluctance may often
have place as much in
the mind of an extraneous
witness as of a
Defendant

Of these observations, what is the practical
bearing on the case here in hand? It is this:
viz. that as to reluctance, and in the mind of an
extraneous witness, a degree of it may not unfrequently
have place, not inferior nor even
much superior to any that has place in the
mind of the Defendant himself. In a way perfectly
simple and intelligible, a difference not
greater than that which is continually exemplified
between two persons standing in these two
relations one to the other, will suffice to realize
this at first sight apparent paradox, without recourse
to any such untangible state of things
as that of a difference between two minds.
The supposition is realized, as often as an extraneous
witness, in indigent circumstances, has
in expectancy a benefit, the value of which to
him in his circumstances, is greater than, to
the Defendant in his affluent circumstances,
is the value of the whole subject matter of the
dispute.

30
In general matter to
be extracted from an
extraneous witness
more simple & less abundant
than that to be
extracted from a
defendant

Every thing of this sort notwithstanding
generally speaking, in the situation of extraneous
witness, the quantity of matter required to be extracted
from a man, will be to an indefinite
amount less abundant and more simple, than
what will require to be extracted from a man
in the situation of a party defendant. Most
commonly, the fact, in relation to which he will
be called upon to testify, will be some one fact,
in relation to which he has been a percipient
witness: while the facts which, for the purpose of one
and the same suit, a pursuer may have need to establish,
as against at Defendant, may be indefinitely & highly numerous.
The

Identifier: | JB/052/518/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-10	Marginal Summary Numbering	29-30
Box	052	Main Headings	constitutional code; procedure code
Folio number	518	Info in main headings field	constitutional code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c12
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1822
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	17191
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