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13 Apr 1803 2
Evidence Object
On this view of the subject how talks expressed appear themselves as
comprehending every thing that the law has to provide for, relation
to evidence: on the part of the plaintiff to find out and
exhibit in support of his demand and in sufficient quantity evidence as the
of the case happens to furnish: on the point of the defendant
in his support of his demand
for having for its
subject the right , of object,
object satisfaction to be made
to him at the expense of
the defendant, with or without
ulterior punishment as the in both together
.
to weakenthe impression made by the plaintiffs
evidence; or, if it be in his power, the case admits of it to and
it by a force of counter-evidence: of the part
of the Judge, to weigh, by such scale as he is the master
of, the force of the evidence on both sides. To find evidence
and to weigh the force of it when found [mark]such are the phrases problems
which present themselves
as expressing between
them every thing which
then can be to do on
the subject of evidence
appear seem in a word to
express every thing that. To do what is can to be done for the
purpose of enabling the to bring together and exhibit that
mass of evidence the nature of the case furnishes or can
be made to furnish — such is the service it would seem which the legislator
has to render to the plaintiff and the defendant in their respective
characters and situations. To give frame instructions for the guidance
of the judgment in the operation of weighing the force of such
evidence as happens to be produced such as the service which
presents itself as necessary to be ordered afforded by the legislator to
the judge.
Bad evidence
from the hand —
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