28 May 1812

Evidence

Notes.

Introd

Ch. 20 Auth & Deauth

View[?] of [...?] interrogation - descriptions[?] [...?] more [...?] or more frequent [...?] is but interest which being [...?] every where an appearance [...?] [...?] is one or the opposite side when not the object of [...?] it [...?] not be the subject of interrogation

(5) {A non-party} In the scale of probative force the testimony of a party in the case where by deposing in affirmation[?] of the genuineness of the instrument he would speak against himself i.e. against his own interest is here distinguished from and placed above that of a non-party whose relation to the fact in question in respect of interest is of the same nature and on the same side. But for the /Had it not been/ established practice and established notions this distinction would have been of no use would have had no use would scarcely have been worth bringing into notice holding up to view. On the question of its force or virtue[?] - not upon the source from whence it is derived depends on the occasion of testimony as on any other occasion the effective influence of interest on human agency /conduct/. the influence exerted by interest and the effects produced by it.

By interest to any degree of strength antecedently to the time of deposition its influence the existence of which is neither seen /visible/ nor so much as suspected /open to suspicion/ of the existence of which no external marks are visible may have exercised /been exercising/ the effective influence may have been exercised. From the colouring exhibited by the testimony as it is at the time of delivery as from the brieff it flows /makes it way through/ through the lips and countenance and tone of voice of the deponent interest may be indicated by marks /tokens/ more than any which can be collected either from any mass of punishment of from the situation /any relation/ which the individual can be seen to occupy /stand in/ with reference to the cause. By English Lawyers it is only in one shape /one species/ viz that of pecuniary interest that interest is understood to be capable of exercising upon testimony a corruptive influence /giving to testimony a sinister direction/: and thus[?] of the great variety of shapes in which interest is capable of exercising in a sinister direction a [...?] influence, one only viz that of pecuniary interest is recognized as powerful enough to [...?] for the overcoming of it the application of three [...?] means viz. exclusion which alone are considered by them as adapted to the purpose: and even in this single shape it may be operating in any one or more of a thousand shapes /ways/ in a case in which no suspicion of its existence has been produced by any exterior indications by by which no exterior indications capable of giving birth to suspicion, are afforded.