8[?] May 1805

Evidence

Introd.

Ch.5. Collateral Incidental.

'.4. Vexation - Persons

'.4. - Persons liable to be affected by it.

Of the different actors in /several sorts of actors in/ the juridical drama /theatre/, mention has been already made: Judge and his official subordinates, party or parties, witnesses. For the present purpose say 1. Witnesses. 2. Parties: Party demandant Party defendant and add here[?] 3 Third persons. 4 Judge and his subordinates: 5. Professional assistants of the parties.

1. In the case /station[?]/ of a witness the following are the /seem the/ principal shapes in which the juridical vexation is apt to show itself: - [...?].

1. Trouble or Uneasiness and loss of time, by attendance, understand over and above any actual pecuniary expence, which belongs to a separate head: - Loss of time, which according to the situation and prospects[?] in life is as much as to say, loss of /in respect/ present pleasure, of future pleasure, of future security against evil or of the means of subsistence.

2. Trouble /Uneasiness/ and loss of time by journies, viz: to and from the place of examination: also, over and above any expence.

3. Disclosure of secrets: i.e. of facts the disclosure of which may in any way be it appear /threaten[?]/ to be injurious or prejudicial, in any particular way, either to the witness himself, or any other person, the object of whose suffering is, by sympathy rendered in a certain degree less[?]. Prejudicial? in what way? The division of offences - offences against individuals - will shew: - person, property, reputation, condition in life.+

For The vexation to /falling in the first instance upon/ the witness is any pecuniary indemnification /satisfaction/ afforded /administered/ to him by either party? If yes, and so far as the indemnity /satisfaction/ extends, or so far the vexation /burthen/ is taken off from the witness, converted into expence, and in that shape thrown[?] ultimately upon the party. As to what concerns journeys and attendance, this is what may be done and frequently is done: as to what concerns disclosure of secrets, it scarce ever is done, even in any degree, nor in an adequate degree can it easily be done, even where the innocence of the person thus vexed renders it desirable that it should be done. Happily this branch of vexation is but a casual one.

+ Introd. [...?] Dum.