28 April 1804

Evidence

Forthcomingness

Ch.2. Means Courts

§.3. Ambulatory

The superiority of reported real evidence to immediate real evidence, if collected in secret as above or even in private will be more particularly manifest, in a case where for taking a correct and intelligent view of the object in question, appropriate scientific knowledge /information/ is required. suppose it a case of housebreaking; for /to the/ judging whether an entry had been made in the ordinary way, or by force and fracture, a Judge would in general be as well qualified /competent/ as an architect or any other man. suppose that on the other hand a non-penal cause between landlord and outgoing tenant - a demand for summary satisfaction on the score of delapidations. Going to the spot by himself, a Judge would be utterly at a loss what sum to award. Sitting quietly in the Courthouse, he would hear Architects on each side, or an Architect appointed on both sides, and his decision would rest on the best grounds the nature of the case admitted of /competent and unexceptional grounds/.

As to written evidence, it can scarcely happen to it to present any sufficient /adequate/ demand for a step thus deviating from the ordinary course. An inscription upon a building or a tomb stone, yes: in regard to written documents of the ordinary kind physical incapacity of being removed can never take place /be realized/; & in case of inconvenience transcripts may in general come in lieu of the original to every practical purpose.