JB/058/107/001

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14 May 1805
Evidence

Not Without having been productive of mischief in any of
those shapes, it may still happen to the conduct of the a Judge
to be chargeable with precipitation and justly chargeable. The
plaintiff (suppose) is altogether compleatly in the right: demanding at the
charge of the defendant, in quality as in quantity, no other punishment,
no other right, no other satisfaction, than what, by the tenor and spirit of the substantive law, is due.
By the supposition therefore no evil is produced opposite to the
direct end of justice, in any one of its three branches.

But though by the supposition, at the charge of either of
the parties to the cause no mischief has been done, it follows
not but that on the part of the precipitate Judge, there may be
just and very serious cause of censure. – Why? because by the supposition
his conduct is such, as affords serious cause of apprehension
of mischief – an indefinite train mass of mischief, on the
occasion of succeeding suits. Mischief of the first order, none:
but of mischief of the 2d order, danger and alarm, the precipitation
may have produced a very momentous mass.

On the part of the Suppose a penal case. The case is a penal one. A witness has been excluded altogether:
another witness has been cut short in this evidence.
The On which side as the evidence thus precipitately dealt with?
On the side of the Defendant? to the Defendant, no injury
ensues, since for by the supposition he was guilty and
had incurred in a word the exact punishment to which he is
consigned subjected by the ultimate sentence. But, by the same turn of mind rashness
by which a guilty defendant has in this individual instance
been subjected to due punishment, in the next instance that
presents itself some innocent defendant may be subjected to the exactly
the same punishment, though in his instance it be undue.

Identifier: | JB/058/107/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-14	Marginal Summary Numbering
Box	058	Main Headings	evidence
Folio number	107	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18776
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