21 Sept. 1803

Evidence

Note [...?]

Note.

Instruction

Considerations

1. Interests in general

Situations

Party of witness

Unwilling, few

2. Another cause is that so far as a man has his choice of witnesses, and that among /of/ the persons who are pointed out to him by their respective opportunities as likely to have obtained these /such/ perceptions as /which/ with relation to the facts in question have rendered them percipient witnesses, such and such alone will naturally be called upon by him to come forward in the character of disposing witnesses as he expects to find well disposed, or at least not ill-disposed to his side of the cause. but so long as they are not ill disposed, if before their being thus called upon they were but neutrals, the tendency of the cause already /above/ noticed, is as is there observed, to render them favourable, to range their wishes and partialities on his side.

3. The case is the same, so far as the [...?] of witnesses results from the [...?] of fact. Among the evidentiary facts which the cause furnishes, such and such alone will naturally be endeavoured to be established, the evidence of which presents itself as a mass as likely to operate in favour of the principle fact which the nature of his claim engages him to establish. If in this way this or that fact threatens to make[...?] against him, he will turn aside for it, and leave to the adversary /other side/ the evidence bringing forward the fact with the evidence by which it would be established.