9 April 1804

Evidence

Forthcomingness

Ch. 6. Appearance - Generalia

§. 4. Subsequent Appearance

§. 4. Demand for extraordinary securities, how influenced by the admission or exclusion of subsequent appearance.

In case of a disposition /tendency/ on the part of the witness to evade the service thus due from him to justice, the plans formed by him for the purpose as well as the probability of his actually forming any such plans - of his yielding on this occasion to the force /action/ of the seducing /repelling[?]/ motives, will depend /be governed/ in a very considerable degree noon /be governed by/ the course taken by the law - in relation to /upon the/ the consequences annexed to his non-appearance. If, according to the dictates of common sense and an ordinary regard for justice, the consequence annexed to such non-attendance on a first summons, is an obligation to attend on a second /subsequent/ summons//occasion/, coupled or not coupled with the obligation of making satisfaction for the damage occasioned by the first default - and so lotrics[?] quotiis[?] - in such case whatever be the object proposed by the default in respect of the offence of the cause - whatever be the seducing motives by the force of which the delinquent witness was invited to delinquency - the probability /chance//prospect/ of encompassing the prospect of success would in general be very unpromising. The delinquency remaining subject to the obligation the mischief resulting to himself /drawn down upon his own head/ by his own delinquency would be certain and conclusive the profit looked to from such [...?], with the correspondent mischief to the other parties, would in general be but temporary - not to say momentary - and inconclusive: the mischief /damage/ to himself - the mischief drawn down upon his own head by his own delinquency, would be certain and conclusive: