25 May 1804

Evidence

4.

Forthcomingness

Ch. Extraction.

3 §. 2. Personal - Party's

On the other hand, suppose it a cause purely penal, the plaintiff not assuming to have received any injury from the offence, not calling for any advantage to be administered to himself on the score of satisfaction - not calling for any thing but punishment to be inflicted on the defendant for the benefit of the public at large, in this case the preceeding practical conclusion would /not have[?]/ no longer be applicable. Rights purely but the [...?] rights a man may without prejudice to the public, be permitted to give u0p. Supposing the fate of the defendant in respect of conviction or acquittal to depend upon evidence /testimony/ which the plaintiff in such a cause can give /exhibit/ and refuse to give /exhibit/, such wilful silence would have the effect of a collusion with the defendant - an act of treachery with respect to the /public/ which the plaintiff had taken upon himself by the institution of the cause. In this case whatever compulsory process would be necessary in the case of /to be employed upon/ an extraneous witness would be equally necessary in the case of the pretended plaintiff, deserting the cause of the public, and going /joining/ over to the side of the defendant, with impunity in his hand: - the guilty defendant, for such he must be, or the offence against justice would be without profit and without motive /inducement/, or the treachery would be of no use.