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<head>2 Apr 1806</head><lb/> | |||
<head>EVID. Exclusion b.1. Introduction. Ch.3. Short proof. </head><lb/> | |||
Deception <gap/> ground<lb/> | |||
I When th Exclusion<lb/> | |||
is grounded in fear of<lb/> | |||
deception the <unclear>admission</unclear><lb/> | |||
of accomplices <gap/><lb/> | |||
affords conclusion proof<lb/> | |||
of the impropriety of<lb/> | |||
it-for<lb/> | |||
1 as a proof by experience<lb/> | |||
for-<lb/> | |||
1 Temptation is at its<lb/> | |||
maximum<lb/> | |||
2 So improbity yet<lb/> | |||
material mendacity<lb/> | |||
not preponderantly<lb/> | |||
frequent deception<lb/> | |||
extremely rare. <unclear>h.1</unclear><lb/> | |||
1<lb/> | |||
Conviction has taken &<lb/> | |||
may take place on this<lb/> | |||
evidence <unclear>singly</unclear><lb/> | |||
2<lb/> | |||
2- as an argumentation<lb/> | |||
ad hominem<lb/> | |||
With what consistency<lb/> | |||
can evidence under less<lb/> | |||
temptation, & when then<lb/> | |||
is no proof of actual<lb/> | |||
improbity, &when <gap/><lb/> | |||
can of deception th<lb/> | |||
mischief and be inferior<lb/> | |||
be excluded<!-- unidentifiable symbol --><lb/> | |||
3<lb/> | |||
<unclear>Apt</unclear> on th single ground<lb/> | |||
of temptation, tho' but no-<lb/> | |||
-minal, or of improbity<lb/> | |||
without temptation, &<lb/> | |||
tho' th mischief be next<lb/> | |||
to nothing evidence is<lb/><lb/> | |||
in a thousand cases ex-<lb/> | |||
-cluded on this score. h.2<lb/> | |||
2. Vexation <gap/> ground.<lb/> | |||
II When Vexation has<lb/> | |||
<unclear>afforded</unclear> the ground, th<lb/> | |||
vexation has been either<lb/> | |||
ideal or more than<lb/> | |||
counterbalanced. h.3<lb/> | |||
5<lb/> | |||
Th vexation is but a<lb/> | |||
pretence: for in th most<lb/> | |||
penal cases a man's<lb/> | |||
own testimony is received<lb/> | |||
<unclear>ag<hi rend="superscript">t</hi></unclear> him, in less trustworthy<lb/> | |||
shapes - viz<lb/> | |||
1. Hearsay evidence<lb/> | |||
2. Casually written evidence<lb/> | |||
6<lb/> | |||
Th evidence thus exclu-<lb/> | |||
ded is th safest and most trustworthy.<lb/> | |||
7<lb/> | |||
When an article of<lb/> | |||
written or oral evidence<lb/> | |||
is wanted, to save a man<lb/> | |||
from the vexation of merely<lb/> | |||
answering a question<lb/> | |||
concerning it the law sub-<lb/> | |||
-jects him to the greater<lb/> | |||
vexation of having his<lb/> | |||
house broken &searched<lb/> | |||
for it in the dead of th night <unclear>h.3</unclear><lb/> | |||
3. Private Practice <unclear>control</unclear><lb/> | |||
These exclusions can<lb/> | |||
not really regarded as<lb/> | |||
just by those who <unclear>put</unclear><lb/> | |||
then - an never <unclear>put</unclear> by<lb/> | |||
themselves on the occasion<lb/> | |||
of their own affairs<lb/> | |||
when they have a real<lb/> | |||
wish to come at the truth<lb/> | |||
& decide accordingly. h.5<lb/> | |||
4. General <unclear>jury producing proof</unclear><gap/><lb/> | |||
1<lb/> | |||
What agreement can be<lb/> | |||
mad out among man-<lb/> | |||
- kind in regards to this<lb/> | |||
practice and th opinion<lb/> | |||
connected with it, affords<lb/> | |||
no argument for th<lb/> | |||
propriety of it. h.6<lb/> | |||
2<lb/> | |||
No more than in th<lb/> | |||
case of supernatural<lb/> | |||
evidence by Duel ordeal<gap/><lb/> | |||
h6<lb/> | |||
3<lb/> | |||
Th agreement is rather<lb/> | |||
in words than substance<lb/> | |||
all th witnesses agree:<lb/> | |||
they all agree in being<lb/> | |||
liars. h.6<lb/> | |||
or <unclear>using</unclear> all <gap/><unclear>about</unclear><lb/> | |||
quarrelling - in disagreeing.<lb/> | |||
<!-- unclear symbol -->5. Sequel, how<gap/>.<lb/> | |||
1<lb/> | |||
Th impropriety of th <gap/><gap/><lb/> | |||
-<gap/><gap/><gap/><gap/><lb/> | |||
(the factor <gap/> of the few<lb/> | |||
cases in which its propriety is<lb/> | |||
<gap/><gap/>) being <unclear>thus</unclear><gap/><lb/> | |||
<hi rend="underline">in globe</hi>, what remains to be<lb/> | |||
done (after indication of th<lb/> | |||
cause of the error and th<lb/> | |||
remedy) is but th <gap/><lb/> | |||
th General proposition more<lb/> | |||
<unclear>impressive</unclear> by details, showing<lb/> | |||
th mischiefs, inconsistencies<lb/> | |||
and <gap/>absurdities<lb/> | |||
Considering their <gap/><lb/> | |||
and extent of th error,<gap/><lb/> | |||
<gap/><gap/><gap/><gap/><lb/> | |||
considering th <unclear>mischievousness</unclear>.<lb/> | |||
<gap/>, ill- bestowed.- h.7.<lb/> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Click Here To Edit
2 Apr 1806
EVID. Exclusion b.1. Introduction. Ch.3. Short proof.
Deception ground
I When th Exclusion
is grounded in fear of
deception the admission
of accomplices
affords conclusion proof
of the impropriety of
it-for
1 as a proof by experience
for-
1 Temptation is at its
maximum
2 So improbity yet
material mendacity
not preponderantly
frequent deception
extremely rare. h.1
1
Conviction has taken &
may take place on this
evidence singly
2
2- as an argumentation
ad hominem
With what consistency
can evidence under less
temptation, & when then
is no proof of actual
improbity, &when
can of deception th
mischief and be inferior
be excluded
3
Apt on th single ground
of temptation, tho' but no-
-minal, or of improbity
without temptation, &
tho' th mischief be next
to nothing evidence is
in a thousand cases ex-
-cluded on this score. h.2
2. Vexation ground.
II When Vexation has
afforded the ground, th
vexation has been either
ideal or more than
counterbalanced. h.3
5
Th vexation is but a
pretence: for in th most
penal cases a man's
own testimony is received
agt him, in less trustworthy
shapes - viz
1. Hearsay evidence
2. Casually written evidence
6
Th evidence thus exclu-
ded is th safest and most trustworthy.
7
When an article of
written or oral evidence
is wanted, to save a man
from the vexation of merely
answering a question
concerning it the law sub-
-jects him to the greater
vexation of having his
house broken &searched
for it in the dead of th night h.3
3. Private Practice control
These exclusions can
not really regarded as
just by those who put
then - an never put by
themselves on the occasion
of their own affairs
when they have a real
wish to come at the truth
& decide accordingly. h.5
4. General jury producing proof
1
What agreement can be
mad out among man-
- kind in regards to this
practice and th opinion
connected with it, affords
no argument for th
propriety of it. h.6
2
No more than in th
case of supernatural
evidence by Duel ordeal
h6
3
Th agreement is rather
in words than substance
all th witnesses agree:
they all agree in being
liars. h.6
or using all about
quarrelling - in disagreeing.
5. Sequel, how.
1
Th impropriety of th
-
(the factor of the few
cases in which its propriety is
) being thus
in globe, what remains to be
done (after indication of th
cause of the error and th
remedy) is but th
th General proposition more
impressive by details, showing
th mischiefs, inconsistencies
and absurdities
Considering their
and extent of th error,
considering th mischievousness.
, ill- bestowed.- h.7.
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Identifier: | JB/047/027/001"JB/" can not be assigned to a declared number type with value 47. |
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1806-04-02 |
1, 1a, 2-7, 1-3, 1 |
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047 |
evidence |
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027 |
evid. exclusion b. i introduction ch. 3 short proof |
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001 |
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marginal summary sheet |
1 |
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recto |
d2 |
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john herbert koe |
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14895 |
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