[094-304v]

22 May 1806

Evidence

'. 3 [...?]

Why all this argumentation about a transcript? If it is not here now, why not produce it tomorrow? Why not produce the original at once? Such is the question /the difficulty/ that can scarce fail to present itself to a common [...?], especially in a case where it is seen that the original is in existence, and producible without difficulty.

This is but one amidst a list of questions, all [...?] /difficulties and all [...?]/ with difficulties that will be continually presenting themselves to a man who sets out with [...?] notice that the ends of justice have been the real ends of judicature: who suffers himself to be led away by the supposition, that the forms /by which the procedure of [...?] is distinguished from that of [...?] Judges/ have been directed any of them to any better object, than the making two seats out of one.

Tomorrow? Yes: tomorrow the original may be produced, should the want of its production chance to survive all the accidents with which it is beset, should it escape all the scares that have been laid for it. Tomorrow? - but on what to-morrow? a tomorrow which, if it comes at all, will come at the end of twelve months , or at the earliest six months time: and which, whenever it does come, will come loaded with "double double[?] toil and trouble", and above all with double fees. Think whether under these circumstances there be common sense in expecting /the expectation/ that the exertions of the supporters /zeal employed in the support/ of the transcript will be equally strenuous with that of the [...?] /whether the zeal of the champions who fight for double fees, will be equally [...?...?] spirited, and present an equal chance of success with that which has for its object the [...?] of the [...?] to single fees./

The interest were made - to what end? amongst others /amongst other reasons/ , to make it worth men's while to knock causes on the head /down the hill/ by irrelevant questions of all sorts, and amongst others by questions about evidence: questions about evidence /-to what end-/ were started to take advantage of these interests. The delay was made to let in the business with its profit: the profit was let in /made/ by the help of delay.