1 May 1804

Evidence

Forthcomingness

Ch 3. Means physical

§.8.7. Commitment - Sequest

After Adduction

Before

Committment - Sequestration. Committment, viz: consignment to a place of safe-custody where a person the source of evidence in question is a person: sequestration, viz: consignment in like manner to a place of safe-custody, where the source of evidence is /belongs/ a thing /to the class of things/. Operations in themselves /their physical nature/ as well as their intention much the same: but in their effects and consequences, particularly in respect of vexation, susceptible of great and serious diversity; and committment more especially susceptible in itself of great and serious diversification.

To committ or not to committ is a question that presents itself immediately after adduction. In what case? not if the purpose of the adduction has been the extraction of the evidence at the definitive hearing: not: why? because in that case the examination has been performed, and if the proposed witness has submitted to be examined, and has made answers accordingly, as in the common course of things, the object has been accomplished and the vexation would be without use. Saving the possible though extremely rare case of the peremptory refusal to give /speak in/ evidence, in which case the operation of commitment would plainly be indispensable, the only occasion which can present a demand for it is where the examination, for the purpose for which the demand for the personal appearance of the proposed witness is required, is of the nature of a preliminary examination. In this case the object or end in view will be the securing the forthcomingness of the witness, for the sake of securing his evidence form deposition: and the supposition, the only supposition by which the pursuit of the object by means this vexatious can be justified, will be that of a reluctance on his part - a reluctance rising to such a degree /pitch/ as to render doubtful his appearance at the definitive or any intervening examination, unless the physical means in question be employed to secure it.