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28 May 1812
Evidence
Notes.
Introd
Ch. 20 Auth & Deauth
View[?] of [...?] interrogation - descriptions[?] [...?] more [...?] or more frequent [...?] is but interest which being [...?] every where an appearance [...?] [...?] is one or the opposite side when not the object of [...?] it [...?] not be the subject of interrogation
(5) {A non-party} In the scale of probative force the testimony of a party in the case where by deposing in affirmation[?] of the genuineness of the instrument he would speak against himself i.e. against his own interest is here distinguished from and placed above that of a non-party whose relation to the fact in question in respect of interest is of the same nature and on the same side. But for the /Had it not been/ established practice and established notions this distinction would have been of no use would have had no use would scarcely have been worth bringing into notice holding up to view. On the question of its force or virtue[?] - not upon the source from whence it is derived depends on the occasion of testimony as on any other occasion the effective influence of interest on human agency /conduct/. the influence exerted by interest and the effects produced by it.
By interest to any degree of strength antecedently to the time of deposition its influence the existence of which is neither seen /visible/ nor so much as suspected /open to suspicion/ of the existence of which no external marks are visible may have exercised /been exercising/ the effective influence may have been exercised. From the colouring exhibited by the testimony as it is at the time of delivery as from the brieff it flows /makes it way through/ through the lips and countenance and tone of voice of the deponent interest may be indicated by marks /tokens/ more than any which can be collected either from any mass of punishment of from the situation /any relation/ which the individual can be seen to occupy /stand in/ with reference to the cause. By English Lawyers it is only in one shape /one species/ viz that of pecuniary interest that interest is understood to be capable of exercising upon testimony a corruptive influence /giving to testimony a sinister direction/: and thus[?] of the great variety of shapes in which interest is capable of exercising in a sinister direction a [...?] influence, one only viz that of pecuniary interest is recognized as powerful enough to [...?] for the overcoming of it the application of three [...?] means viz. exclusion which alone are considered by them as adapted to the purpose: and even in this single shape it may be operating in any one or more of a thousand shapes /ways/ in a case in which no suspicion of its existence has been produced by any exterior indications by by which no exterior indications capable of giving birth to suspicion, are afforded.
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Title: [[094-307v] 27 Oct 1806 Evidence]Description: [094-307v] 27 Oct 1806 Evidence Substitution of interests '. 8 [...?]preferred Ch. 4. Force 3. Evidence put into bad shapes. '. 1. Best and worst shapes of evidence. Whatever be the same causes which /considerations that/ require that if practicable, (prudentially as well as physically) he who in a cause /suit/ of his own speaks in the character of a witness /delivers his testimony/, stand in the person of the adverse party as well as in that of the judge, these same considerations require, and frequently with a degree of urgency not inferior, that the same security shall be afforded for the compleatness as well as correctness of the testimony of him who deposes in a cause /suit/ which in form and appearance at least is not his own. Why?- Because it may so easily happen, and happen without being known, that in the station[?] of one extraneous witness, the force of sinister interest by which a mans testimony is asked upon, may be not /little or not at all/ inferior, may even be superior, to that which operates on him whose station is that of a party in that same cause. Obligation of yielding testimony at the instant and in the spot without opportunity of concerning, or time for imagining, safe falsehoods or safe reticences (a), exposes at the same time to the force of counter-interrogation, by questions arising out of the answers, as well as to the force of counter-evidence from extraneous sources - in case of detected[?] monopoly[?], few thee such are the checks, to which the testimony of the party is subjected, subject as of course, by the presence of the adverse party, concurring with the presence of the Judges: these /such/ consequently are the checks /securities/ to which the salutary force of the testimony of an extraneous witness ought equally to stand exposed. /if the arrangement which places the contending parties in the presence of each other and at the same time with that of the Judge be a right arrangement./ (a) Reticence as distinguished from falsehood, supposes absence of apt questions: by questions, supposing them answered what would otherwise have been but reticence, is convertible into falsehood.
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Title: [21 Sept 1803 Evidence Instructions]Description: 21 Sept 1803 Evidence Instructions Considerations 1. Interest in general Situations Opposition All things considered it will be found that from the countenance turn and turn of a man's answers, indications much more instructive will generally be obtainable in regard to the state of his affections considered as liable to operate on his evidence as a cause of bias, than from any such superficial mask as can be afforded by any exterior relation or connection domestic or civil, natural or acquired with all the interests attached: and that although these exterior influencing circumstance /the influence/ ought never to be overlooked, yet neither ought it ever to be explicitly relied upon, as an indication capable of superseding the occasion /demand/ for looking out for such ulterior lights as may be afforded /deducible/ from the individual /particular/ circumstances on each individual cause.
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