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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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evid. exclusion b. i introduction ch. 3 short proof |
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john herbert koe |
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