18 June 1805

Evidence

Introd

Ch. Procedure Technical

''.7. Writing abuse

In /To/ /Without/ the abuse of writing we have /may be seen/ the means of bringing about three /essential/ /the suitor could never have been burthened with that prodigious load of expence vexation and delay of which the exhibition of/ instruments of mutual altercation succeeding one another at intervals more or less distinct, in the particular /immediate/ efficient cause. Where an allegation /a mass of allegations/ is committed to writing, and each party is under an obligation or at liberty to answer the mass of allegations exhibited by the other, an interval of time between the exhibition of one such instrument, and the exhibition of another such instrument can not be refused. It could not, even were hired assistants out of the question: much more where the necessity of employing assistants of that description, especially if of different classes /ranks/, one believed another, has been contrived to be created. Under the system, of which vivâ voce examination as well of parties in the presence of each other as of witnesses (extraneous witnesses wherever present) forms an essential /a distinctive/ feature, all such altercations would naturally, and, saving accidental ignorance or oversights, necessarily, come out at once; come out at the first meeting.

Before this abuse of writing, whatever allegations, relevant or irrelevant, true or false, came out in the course of the cause, must have been exhibited, by the parties, or, in the accidental case of inability to attend, by their gratuitous proxies: for the assistance /interference/ /agency/ of professional and hired agents /assistants/, not even in the character of assistants, much less in the character of proxies, could there have been any real need felt, or plausible appearance of necessity created. In the presence of the party, even where he is unfortunate enough to be obliged to purchase the treacherous service of a [...?] assistant, the art of making business can never be carried to any extent, approaching to that to which it is carried of course, when that check to professional treachery is removed.