18 Sept 1803

Evidence

Instructions

Considerations

2. Pecuniary interest

A pecuniary interest, to act in the character of a cause of seduction falshood upon the mind of the witness, and thence upon the testimony /his testimony/ he exhibits must be in existence at the very hour on which is he is occupied in the delivery of such his testimony: the good or evil dependent on decision for which his evidence is to furnish or help furnish a ground, must be still in prospect and not in possession, at that time. Whether at the time at which the fact in question presented itself or is supposed to have presented itself to his cognizance the interest was or was not in existence, makes to this purpose no material difference. Although the interest were in existence, and his affections consequently /accordingly/ exposed to the action of it at the time, yet if at the time of giving his testimony that interest is no longer in existence, its action on his affections is at an end, his testimony is no longer exposed to be influenced by it. Although at the time when the fact presented itself to his cognizance the interest were not then in existence, and /nor/ his affection accordingly exposed to the action of it, yet if at the time of giving his testimony the interest were /be/ in existence, and his affections exposed accordingly to the action of it, his testimony is as much or nearly as much exposed to be influenced by it, as if it had already been in existence at the time when the fact presented itself to his cognizance.