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1824. Feby. 9
Constitutional Procedure Code.Ch. Costs
Infinite is the injury – infinite injury not only in to fortune but
reputation under which parties themselves altogether frequently blameless are
likewise their Attorneys also continually subjected labouring suffering from this source. When the trial
comes – and the truth to the utter confusion of the party
is declared – Sir then is your own witness! is says the cries the of
reproach on the other side: as if because I have need as
I think of the man's testimony, the man and his testimony are
of course at my command.
Successful or unsuccessful no objection has can the Attorney
have of course to such visitings interviews nor to journeys of any length
and in any number for the chance of obtaining them.
The Attorney makes to his client what pretence he thinks he can make
with safety for the further expence of procuring the testimony
of the witness at the trial before at the trial: the witness is paid for
his journey, the Attorney for the correspondence held with
him. judicial and non-judicial, and when the time
comes all that the witness says or has to say is either
irrelevant or adverse.
Thus under the established, and under the here proposed
system. At the initiating application, in the manner already brought to view the Judge unless he neglects
his duty – and he can not neglect it without being seen
by the public to neglect it – extracts from the lips of the
applicant in the course of a few minutes the whole of the
relevant matter which the case has happened to afford: matter
more or less may may have remained contended by the
Attorney though attendance after attendance, consequently day after day may have been passed
in obtaining whatsoever comes to have been obtained
then and not till then comes those negotiations with percipient
or supposed percipient witnesses for the purpose hope of converting
them into judicially-relating witnesses: negotiations, the
result of which is as above, so dangerously liable to be
either fruitless, or what is so much worse than fruitless
fatally delusive.
Identifier: | JB/055/308/001"JB/" can not be assigned to a declared number type with value 55. |
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1824-02-09 |
52-54 |
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055 |
Constitutional Code; Procedure Code |
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308 |
Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
C2 / D20 |
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J WHATMAN TURKEY MILL 1823 |
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Jonathan Blenman |
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1823 |
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18029 |
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