JB/058/400/001

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13 Feb. 1804
Evidence

In Of these four sorts Tribunals (Courts of Conscience, Single Session, Courts Martial and
Arbitration Courts) the composition judicature might be upon that which be bad in the extreme, and the exclusive existence system of
procedure, the natural system – produced in those Courts, be not the less indispensable.

The connection between the composition of the tribunal and
the form of the evidence is purely altogether accidental. There can be no reason in saying.

There is no reason whatsoever, why the absence of a Jury should
prevent the evidence from being extracted in the best mode, why
the evidence should must be extracted in a bad mode way, because no Jury
is called in to hear it. Reasons might be not be altogether
wanting why a Jury should be less qualified than a professional
Judge to determine solely decide upon here nothing but written evidence: none can be
given why a professional lawyer should be less qualified than
a Jury for determining upon judging from hearing viva voce evidence. From In the notion the idea
of saving time of professional men, dearly purchased were paid as it is, no reason can be drawn found for the difference, the time of a lawyer dignitary of the law
with the title of Lord Chief Justice is not thought too much to bestow upon
too great a sacrifice, even with that of a Jury of the addition of
that of twelve good men and true, is here time to boot for whose time no adequate
compensation at all is made or none that is adequate is made.
Why should the time of a thirteenth part of the time be too much looked upon
as too much, because the functionary whose time it is, is called a
Chancellor.

What is certain is that the On this as on other points
whatever what is established is whatever what is most convenient the existing order of things is the most convenient that which that which is most convenient has
been dictated by convenience: what is equally so is that the convenience but the convenience is
his not to the suitors but to lawyers connected is has been not that of the suitors suitors, but that of the
lawyers man of law. Stripped of the circumstances accessories of which are the securities for pledges of its
trustworthiness are composed, the evidence when in the written form is
cleared from of a number of incidents which would take up have taken up so much time.
when As to the Judge, listening or appearing to listen to a band roll string paper of written depositions
or affidavits, all clothed in uniform the uniform of law language he catches up⊞ ⊞ on those occasions such words passages
the most prominent passage as happens to strike him as most prominent, and decides with
bestows as little expence of thought no more thought upon the subject than he finds convenient feels himself
disposed to spare. Had evidence on the same subject been come before him made its appearance
in the dramatic form of a vivâ voce examination, the audience
would on their part been broad awake, and their attention never wanting all along kept up and
upon the stretch would have commanded called for an equally unremitted attention on the part of the Judge.

Identifier: | JB/058/400/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1804-02-13	Marginal Summary Numbering
Box	058	Main Headings	evidence
Folio number	400	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
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	19069
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