JB/058/082/001

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8 May 1805
Evidence

Thus should the matter with respect to men of law of all
classes taken without distinction. classes, as above distinguished, taken without exception.

But in In the instance station of the Judge himself, vexation
falling upon him in the first instance, is liable where swollen
to a certain pitch, to fall rest ultimately upon the suitor, to
rest upon him, whichever he be, who is in the right has right on his side, and in
that in the shape of a different sort of evil – an evil opposite
to a different end, the direct end of justice. Such is the
case where the cause of the vexation is a quantity mass of evidence
and argumentation applied in such quantity as to overpower
the , the digestive powers faculties of the Judge. An effect of
this sort is what can not fail every now and then to take
place where if the time for the reception of evidence and
argument being confined within narrow limits, such
as those of the length of time during which a Judge man can persevere
in the bestowing of that sort of labour without relief, the quantity
of the mass of evidence and argumentation liable to be poured in
within that time is unlimited without limit: In this case, the decision
instead of being grounded on the real merits of the cause, will be apt
to be bestowed upon ground foreign to merits, viz. the floating
chaos thus created in the Judge's mind. In this case, the
instead of one producing on the mind of the Judge a preponderant
probability in favour of right decision proportioned to the probable
force of the evidence, the result will be, like that of the game of cross and pile,
no more than an even chance.

In this case the Judge himself in whom the load burthen lights in the
first instance is not himself exempt from a certain quantity of vexation,
and that pure and uncompensated; without remuneration, and
thence without compensation, at least in that individual instance. But of the
evil vexation thus seated the quantity is but small in comparison of that other
which consists in the chance thus produced
in favour of this sort of evil which stands
opposed to the main direct end of justice.

Identifier: | JB/058/082/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-08	Marginal Summary Numbering	4-6
Box	058	Main Headings	evidence
Folio number	082	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	cw 1799
Marginals	jeremy bentham	Paper Producer	c. abbit lees
Corrections		Paper Produced in Year	1799
Notes public		ID Number	18751
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