9 April 1804

Evidence

Forthcomingness

Ch.6. Appearance

§.4. Subsequent Appearance

The consequences of such folly or such wickedness, were it supposable, would according to the nature of the cause, and according to the side of the cause prejudiced by such deperition /the wound thus given to justice/, assume that diversity and opposition of character /complexion/ that has so often been exemplified /brought to view/. In causes purely penal and mixt, the evidence suppressed being evidence requisite for the proof /demonotration//conviction/ of delinquency, evidence sought for/ wanted/ on the part of the plaintiff, the consequence would be impurity - the triumph of guilt in causes of /belonging to/ the same character /classes/, the evidence suppressed being evidence requisite for aquittal evidence sought for on the part of the defendant, the consequence would be conviction, and punishment of the innocent: in causes purely non-penal, the evidence suppressed being evidence wanted on the part of the plaintiff, the consequence would be non [...?] of right /wrongful/ refusal of the service due/; or if wanted on the part of the defendant, wrongful imposition of an undue obligation - an injustice which to the amount of the weight of the burthen would be tantamount /equivalent/ to so much unjust punishment: in causes of a mixed nature /kind/, in which, the offence being of a nature to wound the public through the sides[?] of a particular individual, the demand for satisfaction in cases of delinquency is combined with the demand for punishment, the consequence of the suppression if, as above, to the prejudice of the plaintiff's side would be, to add to the refusal of the punishment in /on/ the administration of which the interest of the public is concerned /at stake/, the refusal of the satisfaction by which alone the injury to the individual can be made to erase; yet to the prejudice of the defendants, undue punishment aggravated by the burthen some obligation of defraying the expence of satisfaction for imaginary wrong.