7 Apr. 1803

Evidence

Pre-exhibited

As to collusion, it is a case /species/ of fraud which like forgery is possible and as such to be guarded against, but like forgery it is not to be perceived as most probable. If any measures grounded in the supposition of such a fraud of this complexion are to be adopted /employed/, an averment upon oath, stating a suspicion of the existence of such collusion might /ought to/ surely be required. In the case of hearsay evidence, the characteristic fraud to which evidence of that description is [...?] /species stand exposed/ is not more simple in conception than it would be easy in practice, practicable by every human being without trouble or expense. In the present case in the case of a supposed collusion for the purpose of bringing into existence a partial and delusive mass of evidence, the expense and trouble of a law-suit /suit at law/ is the price that must be paid for the chance of the success which has been the object of the fraudulent enterprise /supposed/.

What is certain, is - that the evidence has been given upon oath. What is also certain (for there is the case now upon the carpet), is - that it has been subjected to the test of cross-examination. What is possible, indeed, and what will sometimes happen is - that the cross-examination may not have been so effectual to the purpose of the present cause, as if performed on behalf of /under the /such/ instructions as could be given by/ the party agressed when it is proposed to be produced in the present cause. But in a general view the opposite result seems not less probable. Then, as now when the evidence was exhibited, there was a party interested in watching it scrutinising it, and if incorrect or mendacious or incorrect, opposing it an if possible contradicting it. To what name should the first opponent be presumed incompetent to his /the/ task? The presumption - the prima facie presumption, one should think, might rather to be in his favour; if not contested after when then and not offensive it might be deemed [...?]