[?] March 1808

Letter V

§.6. Reasons

Ends of Justice

Nonforthcoming s of Evidence

Causes

Causes of Non-forthcomingness on the part of the Evidence, considered as the cause of Misdecision, Non-demand, or Non-defence, and thence of failure of justice, or of injustice to the prejudice of the Defendant's side.

I. Natural Causes - in case of personal evidence -

1. The opportunities of knowledge possessed by the witness (i.e. by him who with respect to the fact in question was a percipient witness) unknown: viz. to the party who has need of service in the character of a deposing witness.

2. The means of corresponding with him unknown.

3. On summons to appear for the purpose of oral examination, he appears not.

4. On being addressed in the way of epistolary examination, he answers not.

5. The power of securing by compulsory means his appearance for the purpose of being orally examined is evaded by his being already, or by his placing himself, or being placed, out of the reach of justice i.e. of the power of the Judge.

6. By infirmity of mind or body, temporary or perpetual, he becomes disqualified from serving, by examination oral or epistolary, in the character of a deposing witness.

7. Oral examination being necessary to the correctness or compleatness of his testimony, his appearance for that purpose is indeed impracticable (physically or prudentially) by reason of the vexation and expense naturally and unavoidably attached to the operations necessary to his appearance for that purpose.