1 May 1804

Evidence

Forthcomingness

Ch.3. Means physical

§.7.6. Adduction

6 Adduction

Adducture - adduction? whither? - to the seat of judicature. Subpoena [...?] [...?] - says the precept of the Judge addressed in the language of English law jurisprudence to the proposed witness, when commanded to repair to the place of trial the plan /scene/ of definitive hearing and examination - bringing with him the article /lot//source/ of written or real evidence, from which the evidence is proposed to be extracted.

This operation, it is plain, is alike applicable to the case where a person alone, and the case where a thing, with or without a person having charge of it, is the proposed source of evidence. The case of its being /where the operation is/ performed upon a person, supposes reluctance on his part: at least in the most natural state of things, for though a thing will in general require /stand in need of/ a person to bring it, a person unless withheld by reluctance or infirmity will in the natural course of things, suffice to /be competent to the task of bringing/ himself. On the other hand suppose reluctance, (a disposition of mind which to a certain degree may be expected to be prevalent in one witness out of two or three) the operation of adduction may be necessitated, by reasons /demands/ of no less cogency, in the case of a witness for the purpose of securing forthcomingness with a view to evidence, on the part /than in the case/ of a party, for the purpose of securing justiciability.