8 May 1805

Evidence

Introd

Ch.5. Collateral incidental

' 4 Vexation Persons.

3. Nor are third persons exempt from the chance of finding themselves involved in the mass /current/ /stream/ of vexation produced by a suit at law.

In the case of Bail, the vexation though not the less real, yet being in one /a certain/ sense voluntary, finds in some degree a compensation by the pleasure of sympathy or whatever other motive gave birth to the consent as to the rendering of this service.

But not infrequently it happens to third persons without any such consent, and without any habitual /particular/ connection with either party, it happens to third persons to find themselves thus involved. 1. A defendant or his goods being under pursuit for the purpose of securing his forthcomingness or justiciability the house or presence of a third person is broken in upon, or even his personal safety put in danger by his being called upon, and obliged, in virtue of an appropriate provision of law, to join in the pursuit.

2. Secrets the discovery of which operates prejudice of /in a way prejudicial to/ a third person come to be disclosed by means of the examinations incident to the investigation of a chain of evidence.

4. In a certain sense even the public, the community at large, are not altogether exempt from the vexation to which from the source /unsusceptible of vexation from this source/ here in question third persons are exposed. The public have not indeed a house /dwelling/ to be broken in upon, or a person to alarmed or plagued. But there are secrets by the disclosure of which the interests of the public in general may be injured. To this head belong all such state secrets by the disclosure of which the pernicious designs /purposes/ of an enemy, or of a power about to become such, may be served.