4 June 1804

Procedure. Evidence

CH. Basus

II. Purposes for which it may be of advantage to the defendant that the plaintiff should thus make his appearance.

1. That the Defendant may cause the Plaintiff to exhibit his confessional[?] testimony, on being examined, as above: that he (the Plff) may acknowledge such facts, if any, as may tend to repel his claim, they being such as the defendant might not otherwise have it in his power to discover - or if at all not without superior vexation expence and delay.

2. That he the defendant may cause /have the opportunity of causing/ the Plff to indicate and discover, and produce or bind himself to the producing any such other sources of evidence personal, real or written, as being in his custody or power, or lying within his knowledge or [sup...?] may tend to reject the claims of him the plaintiff, or constitute or substantiate any counterclaim of the defendant.

3. That he the defendant, on sight /on case of the production/ of any real or written evidence making against himself and produced accordingly by the plaintiff (suppose a memorandum or letter in a hand writing being or appearing to be that of the defendant but /having/[...?]/ per tanto though distinctly[?] in the character of confessorial evidence, may by the suggestion of ulterior facts or observations, have the opportunity of removing the delusion, and placing that part of the evidence in its true light.

4. That he the Defendant may have the opportunity of causing the plaintiff to authenticate by his confession all such sources of real or written evidence of an[?] instance[?] to operate in favour of him the defendant, as being in the custody /power, knowledge or [...?]/, of either party may on this same occasion have been brought to view[?] or to remembrance for this purpose.