19 April 1805

Evidence

Securities

Ch. Procedure Natural or Summary

''. Assistants necessary

Whichever party if either comes provided with any gratuitous assistant, the same desirable object will on that side have the same interest to promote it: for though in this cause the assistant in this has an equal interest in the event of the cause, he has the same interest in the dispatch of it.

As surely /clearly/ as it is the interest of the party and his gratuitous assistant to expedite the decision, as clearly is it that of the hired assistant to help it back as much as possible. But the Judge, being well approved of that interest /to whom that sinister interest is no secret/, will find by no less difficulty in frustrating any dangers[?] to which it may have given birth. Should the Judge be disposed to find in this his duty, the party prejudiced by such failure, will not, if possessed of a certain degree of intelligence, fail to perceive it. In his default, the like observation may present itself even to a bystander: and since neither in the instance of any [...?] party or bystander can the degree of intelligence be measured beforehand by the Judge, he will not generally speaking find it either easy or safe to belong to any learned friend the interest of the unlearned suitor to any learned friend.

A paper of advice to suitors, to put them upon their guard against the contrivances /[...?]/ which upon every favourable opening /opportunity/ would of course be played off upon as those in their view by their professional assistants, would be a proper supplement to any /every established/ system of Procedure that should really have for its object the ends of justice: and whatever particle of advice was thus given /addressed/under the name of advice to suitors, would in effect be a warning, a [...?] and a check to Attorneys, to Advocats, and to Judges. On all hands, success to dishonesty being hopeless, honesty would come of course.