JB/047/044/001

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7 Apr. 1803
Evidence

As to collusion, it is a case species of fraud which like forgery is possible
and as such to be guarded against, but like forgery it is not
to be presumed as most probable. If any measures
grounded on the suspicion of such a fraud of this complexion
are to be adopted employed, an averment upon oath, stating a suspicion
of the existence of such collusion ought to might surely be required.
In the case of hearsay evidence, the characteristic fraud
to which evidence of that description is obnoxious species stand exposed is as not
more simple in conception than it would be easy in practice,
practicable by every human being without trouble or expence.
In the present case, in the case of a supposed collusion for
the purpose of bringing into existence a partial and delusive
mass of evidence, the expence and trouble of a
law-suit suit at law is the price that must be made paid for the
chance of the success which has been the object of the
supposed fraudulent enterprize.

What is certain, is – that the evidence has been
given upon oath. What is also certain⊞ ⊞ (for this is the case now upon the carpet), is – that the
it has been subjected to the test of cross-examination.
What is possible, indeed, and what will sometimes happen, is – that the cross-examination may not
have been so effectual to the purpose of the present cause,
as if performed on behalf of under the such instructions that as could be given by the party against whom it is
proposed to be produced in the present cause. But on a general view the opposite
result seems not less probable. Then, as now when the
evidence was exhibited, there was a party interested in watching
it and scrutinizing it, and if incorrect or mendacious
or incorrect, opposing it and if possible contradicting it.
For what reason should the first opponent be presumed incompetent
to his the task? The presumption – the primâ facie
presumption, one should think, ought rather to be in his favour;
if not contested of the notion then and not otherwise it might be deemed conclusive.

Identifier: | JB/047/044/001"JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-04-07	Marginal Summary Numbering	9-10
Box	047	Main Headings	evidence
Folio number	044	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e5
Penner	jeremy bentham	Watermarks	1800
Marginals	john herbert koe	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	14912
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