JB/104/201/001

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July 1810 + + 24
Fallacies B.2 P 8 Ch 8 Sect

Note

24 or 4(a)
1



and the encouragement
given to it by the
of
See Scotch Reform
Lett. 1. Devices.

2. Affidavit the
only form in which
evidence






4. This evidence
cross
-examination is not
permitted to be
opposed.

5.3 A man offering to
depose viva voce
subject to cross-examination
would
not be admitted

Note 24 or 4(a)

(a) Of the profit derived reaped for by English Judges from testimonial perjury,
and the encouragement accordingly given which accordingly
is in that part of the law which has been of
their own creation given to it, the example may be seen in the case
of Motion causes. See concerning Scotch Reform Lett. Devices.

1. Affidavit evidence is the only shape in which
they will receive evidence in any sort of cause and on
every sort of occasion where since the institution of Jury
trial they have been left at liberty to choose the shape in
which they will receive it.

4. In From that shape it derives a tendency to produce afford be productive of
perjury, and that tendency a most copiously and notoriously efficient
one from the following circumstances

1. It is free from the check, of cross examination: from the operation of
the security afforded by for correctness and compleatness
by cross examination that operation: under which by unpremeditated answers are
called forth on the other side by unforeseen questions.

1
2. No man being compellable while every man, even a convicted perjurer is receivable
to give testimony in this shape, testimony
which with the benefit of the security afforded by this check would
on pretence of bias from interest be excluded, is
without this security admitted without reserve.

3. The most unexceptionable witness, if offering himself,
or offered, to be examined viva voce, as in Jury trial
subject to the check of cross-examination, is not on these occasions
admitted but rejected.

Identifier: | JB/104/201/001 "JB/" can not be assigned to a declared number type with value 104.
Date_1	1810-07	Marginal Summary Numbering	not clearly numbered
Box	104	Main Headings	fallacies
Folio number	201	Info in main headings field	fallacies
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d25
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections	peregrine bingham	Paper Produced in Year
Notes public		ID Number	34172
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