15 sept 1802

Evidence

Instruction

Consideration

2. Interests in general

All motives whatever, not excepting even the motives formed in consideration of their regular and ordinary tendency guardian motives not excepted, are liable to act in the character of seducing motives, on all occasions: and in particular on the occasion /those occasions/ where a man is called upon for his testimony /by the [...?] for the purposes of justice; and thereupon to draw aside the tenor of his testimony from the line of truth.

There are some motives or interests which are most apt to be productive of this sinister effect, and of the sinister tendency of which on these occasions it behoves the Judge to be more particularly upon his guard: insomuch as the more strongly the situation of a witness exposes him to be acted upon by any one or more of these motives, respectively, in such sort that, by swerving from the line of truth, he might expect to procure to himself the gratification of the appetite or passion corresponding to such seducing /sinister/ interest or motive, the stronger the suspicion and distrust with which his testimony will naturally and not improperly be regarded. not that by any means it follows, that because a man is exposed to temptation, therefore spite of the utmost efforts of the guardian motives, he will on every occasion yield to it: only, /but/ /thus much/ yet and thus much only is the proper practical inference, that nevertheless the stronger the action of the sinister interests on one part, /the part of the witness/ the more vigilant ought to be the scrutiny on the part of the Judge.