Evidence

16 June 1805

Introd

Regular useless

The sort of inquiry made Nisi Prius and /or/ /what is called the Trial/ the Assizes - the sort of inquiry carried on in the presence of a Jury will not always suffice, will very frequently not suffice without preparatory inquiries. The business of the Trial, is to display before the Jury, and take their decision upon which, the [...?] of evidence on both sides, as collected for the purpose. But before it /there/ can be displayed, a pretty long thread /chain/ of previous inquiry is sometimes necessary, for the collection of it.

The collection of the evidence frequently by the investigation of a thread of evidence, is the business of these preparatory examinations which are taken, previous to the trial for a felony /trials for [...?]/ the trial in case[?] of felony. To the definitive inquiry called a Trial a course of preparatory examination such as those, you have all the oral inquiry that is necessary, and more than is ever actually employed, in non-penal cases.

But the two inquiries, the definitive and preparatory thus /just/ described, the two inquiries put together, amount to no more than is done, effect no more than is affected by the single and simple inquiry carried on in which /which comprises /constitutes/ and with the addition of judgement and execution, exhausts/ Summary Procedure.