JB/091/313/001

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1 March 1808

No English lawyer – no, nor yet any Scotch lawyer – none
at least who has had any experience acquaintance with the
Jury trial as practiced on the Circuits can be insensible
to the importance and utility of cross-examination in the character
of the security for veracity and a test of truth.

Being to this degree good in some so many cases, and those
among the most important, why refuse to with hold from deny justice the
benefit of it in any case? If then there be a case
in which the utility of it fails of being exemplified, the
burthen of proof rests with those who by whom its utility
in that case is contested.

In principle the cases of proper to be excepted
have just been indicated, they are the cases in which the
inconvenience in the shape of delay vexation and expence
is so great as to be preponderant over the evil in the
shape of misdecision, actual or probable.

But these are not the cases in which the benefit
of this security for truth and rectitude of decision is with-holden:
the with-holding of it is not determined regulated by
that principle, or by any principle having bearing any sort of reference to
the ends of justice.

The exceptions are extensive as their
range in English law, to a prodigious degree more so in
Scottish law, are determined by the those allied powers by
whose united influence the dimensions of law procedure are governed,
viz. Fraud and Accident: found in the shape dress of Lawyercraft,
Accident where Lawyercraft has found seen no special
inducement to enterprize.

Identifier: | JB/091/313/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-03-01	Marginal Summary Numbering
Box	091	Main Headings	scotch reform
Folio number	313	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29309
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