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<head>2 Apr 1806</head><lb/> | <head>2 Apr 1806</head><lb/> | ||
<head>EVID. Exclusion</head><lb/> | <head>EVID. Exclusion b.1. Introduction. Ch.3. Short proof. </head><lb/> | ||
Deception <gap/> ground<lb/> | Deception <gap/> ground<lb/> | ||
I When th Exclusion<lb/> | I When th Exclusion<lb/> | ||
Line 60: | Line 60: | ||
1. Hearsay evidence<lb/> | 1. Hearsay evidence<lb/> | ||
2. Casually written 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/> | |||
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.<lb/> | |||
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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
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.
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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