JB/058/001/001

Click Here To Edit

13 Apr 1803
Evidence & Ch. 3. General Results
Plan Object

Ch. Plan of the work.
Ch. Object of Procedure in regard to Evidence so far as
Evidence is concerned.

? [in large pencil writing]

Such being the ends objects that ought to be kept in view in
the adjustment of the System of procedure — such the objects ends to the
accomplishment of which every regulation made in the subject
of it ought to be directed — such consequently ought to
be the ends to the accomplishment of which every regulation
made on the subject of Evidence ought to be directed. Upon
the face of it the exhibition of the evidence on both sides ought to be not on each side
only the principal part of the business of procedure, but almost
the only business. When the case is proved, This case being proveddecision
a man would be apt to think one should think would follow of course: and
what else can
then be for a man to do but to prove his case?
Such is the question
which plain sense
unobserved by false
would be apt
naturally to suggest.
[pencil drawing around section of writing] Thus
accordingly it is in the domestic tribunal that it is in that system of
procedure which is as as mankind, and to this
day furnishes the standard most instructive standard
to which the practice of other public tribunals can be compared.

[pencil mark surrounds this block of text; see marginal note]

UnhappilyBut in the established system of procedure the
subject of evidence makes appearance: then
this part — this most part of the business is and in a manner
drowned/doomed in a profusion of words formalities the use of which
is concealed from vulgar eyes by the rest of an
unintelligible . the use and purpose of which
seems to bid defiance to the severest scrutiny.

Application of the law excepted, every thing seems to depend presents itself as
— and to depend solely upon evidence. If sufficient evidence
is produced evidence sufficient to warrant the decision prayed
for by the Plaintiff in the present cases punishment and satisfaction are applied
when due: in a win formal rights not conferred where due
or any part of the necessary mass of evidence
wanting ? punishment — satisfaction can not be applied —
rights can not be — though due: [mark]? coming in the part
of the Defendant. Exhibit the
requisite mass of evidence, the decision is secure. the mass
of evidence on the Plaintiffs part Sufficient in any , or outweighed overborne
by a mass of evidence on the part of the defendant the object of the plaintiff
is

Identifier: | JB/058/001/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1803-04-13	Marginal Summary Numbering
Box	058	Main Headings	evidence
Folio number	001	Info in main headings field	[[info_in_main_headings_field::evidence ch. 3 great[?] result]]
Image	001	Titles	ch. plan of the work / ch. object of procedure in regard to evidence so far as evidence is concerned
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public	"supposed superseded by rationale"	ID Number	18670
Box Contents