15 April 1804

Evidence

Forthcomingness

Ch. Real

§. Extraction

In regard to real evidence there is nothing that corresponds to the provision necessary for making the witness speak in the case of personal evidence. From this difficulty the case of real evidence is happily free. Once brought into Court, real evidence speaks for itself.

Thus in the case of immediate real evidence. In the case where the real evidence, not being transferable /[...?]/ capable of being presented to the senses of the Judge, requires to be reported to him by a percipient witness, the witness in the ordinary case, which is that in which he is appointed either by the judge, or by a party to /[...?]/ whose wishes in that behalf he is predestined to conform /concur/, will not present any difficulty on this score.

If the witness whose testimony is the medium through which the Judge is reduced to the necessity of viewing the real evidence, happens to be adverse in his inclinations to the side of the party by and for whom it is wanted, evidence of this mixed character may for its production stand in need of the same extraordinary powers as those which have already been brought to view on the subject of personal evidence.