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<p><!-- pencil -->31 Jan<hi rend="superscript">y</hi> 1805<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Evidence</head></p>
 
<p>The evidence – excluding rules (of which in the next<lb/>
 
book) being as <add>compleatly</add> unknown in this copy of the natural domestic<lb/>
 
tribunal as in the original, each may <add>partys</add> is admitted<lb/>
to tel his own <add>state his own</add> story, neither party's story is conclusive:<lb/>
each party is admitted to speak for himself <add>the truth so far as it <unclear>makes</unclear> for him</add>, neither party<lb/>
is exempted from the obligation of speaking the truth where it<lb/>
<unclear>makes</unclear> against him.</p>
<p>Each party being <unclear>just</unclear> to his oath, or what comes to the<lb/>
same thing liable to be subjected to the <add>tie</add> of that sanction at <add>know his sincerity put to that test any any time</add><lb/>
a moments <add>upon the spot</add> warning, whatever <del>sincerity can thus be given</del><lb/>
restraint can thus <add>by this</add> be put upon insincerity and temerity,<lb/>
whatever security can be given for a mans being really persuaded<lb/>
if his having justice of his side takes place of<lb/>
course.</p>
<p>When a man comes to tell his own story – to give<lb/>
<add>his own</add> evidence on his own behalf <add>favour</add> which is what he must do<lb/>
when <add>so far as</add> the facts which he relies on for the ground of his claim or<lb/>
counterclaim have fallen within the congizance of his own<lb/>
senses, and of none but his, <del>there</del> in such primary deposition<lb/>
there is no place for questions.  Accordingly in this case<lb/>
which is a very common perhaps the most common one, the<lb/>
cause opens with a sort of statement or narrative, <unclear>contortion</unclear><lb/>
by questions on that side.  If any questions are put<lb/>
to him by the opposite party the defendant, those questions<lb/>
bear <add>of course</add> the character and have the effect ot <add>adverse</add> cross-examination.  The<lb/>
Defendant if he on his part has any fact to state on his<lb/>
own behalf, does so on his part, as the plaintiff did in his,<lb/>
and like him is subjected of course to the same process of cross-examination.<lb/>
The Judge on his part interposes, as often as he<lb/>
sees reason, by observations or by questions, as circumstances may require.</p>
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Latest revision as of 18:01, 20 October 2023

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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.

Date_1

1805-01-31

Marginal Summary Numbering

Box

058

Main Headings

evidence

Folio number

405

Info in main headings field

evidence

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d2 / e2

Penner

jeremy bentham

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

19074

Box Contents

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