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31 Jany 1805
Evidence
The evidence – excluding rules (of which in the next
book) being as compleatly unknown in this copy of the natural domestic
tribunal as in the original, each may partys is admitted
to tel his own state his own story, neither party's story is conclusive:
each party is admitted to speak for himself the truth so far as it makes for him, neither party
is exempted from the obligation of speaking the truth where it
makes against him.
Each party being just to his oath, or what comes to the
same thing liable to be subjected to the tie of that sanction at know his sincerity put to that test any any time
a moments upon the spot warning, whatever sincerity can thus be given
restraint can thus by this be put upon insincerity and temerity,
whatever security can be given for a mans being really persuaded
if his having justice of his side takes place of
course.
When a man comes to tell his own story – to give
his own evidence on his own behalf favour which is what he must do
when so far as the facts which he relies on for the ground of his claim or
counterclaim have fallen within the congizance of his own
senses, and of none but his, there in such primary deposition
there is no place for questions. Accordingly in this case
which is a very common perhaps the most common one, the
cause opens with a sort of statement or narrative, contortion
by questions on that side. If any questions are put
to him by the opposite party the defendant, those questions
bear of course the character and have the effect ot adverse cross-examination. The
Defendant if he on his part has any fact to state on his
own behalf, does so on his part, as the plaintiff did in his,
and like him is subjected of course to the same process of cross-examination.
The Judge on his part interposes, as often as he
sees reason, by observations or by questions, as circumstances may require.
Identifier: | JB/058/405/001 "JB/" can not be assigned to a declared number type with value 58.
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