26 May 1804

Evidence

8.

Forthcomingness

Ch. Extraction

§.3. Non Party's

From /To/ the nature of these several occasions, as above described results /corresponds/ the nature and magnitude of the mischief liable to be produced by /ensue from/ the want of an adequately efficient extraction process adequate to the end /its object/. possessed of a degree of sufficiency adequate to its end.

In the first case the worse that can happen is impunity to one or more offenders in respect of a past crime /offence/.

In the second case the mischief is at most only a part of what it is in the first, and in some instances it may amount to nothing If the /suffering of the/ attached to/ punishment competent to the offence measuring an individual offence, does not exceed in respect of suffering that which is attached to banishment and outlawry, the suppression of the required evidence does not prevent it from taking place.

In the third case, this mischief for want of the evidence sought may rise /is capable of rising//swelling/ to a pitch altogether unlimited: in the way of individual suffering no price can be too great /much/ to pay for any promising prospect of preventing it /a first chance for the prevention of it/.

From this view of the matter, the demand for instruments for the extraction of evidence, may be distinguished into ordinary, as in the two first cases, and extraordinary, as in the third.