26 Sept. 1803

Evidence

Instructions

Considerations

Makeshift

Hearsay

Second species of Makeshift evidence - Hearsay Evidence contestable, Oral evidence of oral evidence: oral evidence sanctioned scrutinized and cross-examined of oral evidence neither sanctioned, not contestable, sanctioned nor scrutinised nor cross-examined.

1. In the case of hearsay evidence, against the characteristic fraud, the same precautions /vigilance/ will be requisite on the part of the Judge as in the case of written casual evidence. And moreover to this danger is added that of unintentional incorrectness in the relation /statement/ given by the deposing witness of the discourse supposed to have been uttered in his presence by the supposed percipient witness.

2. In the case of hearsay evidence of more than one remove the Judge will of course resort at once to the supposed percipient witness the correspondence /the attention of the Judge and through him of the parties/ will of course be directed at once to the supposed percipient witness. Should he be at home and forthcoming, the occasion for applying to any intermediately reporting witness or witnesses will of course cease. Should he be be in foreign parts, every thing that relates to the provisional admission of his evidence and to the purification of it applies to this case in the same manner as to that where between the deposing witness and the supposed percipient witness there is no supposition of any intermediate witness /pen or tongue/.