JB/058/345/001

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3 March 1804
Evidence

☞ Ordo. This here or under Makeshift. Many Media

C §. 1. Confrontation coram judice: abolition of it encourages mendacity
by the multiplication of Agents through whom the information is transmittted

On the established system – on every system in which the truth of
the allegation is not supported by the immediate testimony – the sanctioned
and scrutinized testimony of the party in whose name and on whose behalf
it is advanced made mendacity receives the most adequate encouragement
in its enterprizes against justice.

The party say in the first instance the plaintiff, tells his story in the first
place to the Attorney. The bias which every man has in favour of his own cause
is sufficient without conscious mendacity to produce more or less misrepresentation in the
instance of perhaps the majority of those who under in the existing system come
into a Court of law. Quantities are either encreased or diminished –
qualities are either too strongly or too faintly coloured – Of the facts and circumstances
that make against the a man's wishes, especially if they reflect any the slightest chinks
of disrepute upon his character – are more or less disguised or suppressed.

The Attorney who has no such at least no equal bias upon his mind, shares not
in any degree or at least in equal degree the self-illusion dec false conception
of the his Client. But by the evident sinister interest constantly attached to his situation
be so far from being urged to dispel the falshood and bring the truth to
view, he is urged to thicken it. He has every thing to hope and to gain
by without any thing to fear from keeping the mask on the falshood, every thing to nothing to
every thing to lose by the removal of it. By extracting the truth from
the Client, he loses the benefit at any rate of that one cause: if, in the
course of endeavours the operation he happens to give offence to a man whom the
state of whose mind rend is such as disposes him more or less strongly to take offence
not only the cause is may be lost, but the Client: not only that one cause, but all
other causes the indefinite train series of other causes that might have flowed from
that same source.

Identifier: | JB/058/345/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1804-03-03	Marginal Summary Numbering	1-3
Box	058	Main Headings	evidence
Folio number	345	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	19014
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