21 Sept. 1803

Evidence

Instructions

Considerations

1. Interest in general

Situations

Opposition

Thus much for the case where the groups of naturally associated interests are supposed to be all in alliance and all clubbing[?] their respective influences in the character of causes of partiality, on the same side. but all families are liable to have their dissentions /become theatres//seats/of dissention: and by every instance of dissention one or more of these naturally associated and conjointly-acting interests may come to be thrown out of the groupe.

The inference from relationship /connection/, natural or civil, permanent or casual, to partiality will be still more /appear still more plainly/ to be in fault when the circle of the same family includes both parties in the cause. The affections and thence the testimony of A witness may in this case be drawn towards the cause /side/ of the plaintiff by one species of interest; towards that of the defendant by another: towards the one by pecuniary interest; towards the other by sympathy and good will: or even to each by an interest of the same species, and in a degree not altogether susceptible /indeterminate/ of liquidation in either case: to each by expectations of pecuniary benefit, to a value on one side or on both altogether unsusceptible of liquidation.

What /A consideration/ in all these cases is manifest even to the most superficial glance, is how inconsiderable and infallibly inefficient a cause of bias and partiality the expectation /assurance/of this or that certain but limited sum expectant upon the want of a cause - upon the determination of it in favour of this or that one of the parties say the plaintiff must frequently be, in comparison of the opposite interest created by the apprehension of forfeiting /losing/ the good will of the other party in the same cause, when upon that good will depends a train of services till then counted upon as certain, to a value some number of times greater than that of the money gained. A point sufficiently manifest in this case is that of presumption of partiality as deduced from interest, even pecuniary interest, were there no other species of interest, were a proper ground not merely fro placing a watchful eye upon the testimony of the witness but for shutting the door against it altogether, it is rather on the side of the defendant than on the side of the plaintiff that testimony so circumstanced should be forbidden to be produced.