date

9[?] Sept 1804 Evidence Circumstantial
9[?] Sept 1804

Evidence

Circumstantial

Ch. Exemplification

General [...?]

To give a detailed view of circumstantial evidence applicable to all cases - that is of evidentiary facts applicable to all sorts of principal fact, the existence of which is liable to come in question in judicature - would be a task of not altogether impracticable, at least not practicable within the limits in point of bulk room[?] to which a work of so extensive a range as the present work is necessarily confined. Under the head of Appropriate Evidence, there will be occasion to speak of the necessity of discarding the consideration of evidence /evidentiary facts/ in so far as the principal facts to which they respectively apply do not come in question but on the occasion of this or that particular species[?] of cause[?]: and of the evidence thereby designated a large portion /proportion/ will always be found to belong to the head of circumstantial evidence.
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  • Title: [5 Sept 1804 Evidence Circumstantial]
    Description: 5 Sept 1804

    Evidence

    Circumstantial

    Ch General View

    §.2

    By the very import of the term, precedential evidence has a natural, and prima facie an irrecusable, claim to precedence. But although with reference to the time of the fact said /supposed/ to be evidenced, a fact of the class /here referred/ of precedential facts is in every instance precedent, yet the time at which it comes to be given in evidence - presented to the consideration of the Judge, is always posterior to that same point of time. On that (same) occasion, whatever facts of the precedential class come to be brought to view, are indiscriminably mixed with evidentiary facts of the other two classes /descriptions/ concomitant and subsequential: Even acts of the same denomination may, in many if not most instances come to be performed on the same occasion in the same view, at either or both these periods. Then /If/ of a subsequential nature, notice could not therefore but have been taken under the head of precedential facts, had that head occupied the foremost place. To the head of precedential it seemed better therefore to confine the mention of such circumstances (viz: preparations[?], declarations of intention, and threats) as by their nature stand excluded from the capacity of coming into existence at any other period. But of these especially the two first it may be observed that they are alike applicable to principal acts of any description as to such as being marked with the characters of delinquency belong exclusively to the head of penal law. It would therefore have disturbed the regularity of our[?] inquiry /progress of the inquiry/ to have begun with a class thus extensive, proceeded immediately to one so much narrower, and after this momentary contraction to have reverted again to a more expanded scale.
  • Title: [21 Sept. 1804 Evidence Circumstantial]
    Description: 21 Sept. 1804

    Evidence

    Circumstantial

    Ch Failure Causes

    § Delinquency - Fear

     Add ambiguity on [...?] fear and anger? depending on idiosyncrasy.

    A sort of compound evidentiary fact composed of the symptoms in question and the occasion which brought them under observation will therefore in general constitute the slightest article of evidence that on the occasion in question can come to be adduced: and the probative force of this compound fact is the force which any infirmative facts of which the case may be found susceptible, will have to combat. Let us proceed in our inquiry of these informative facts.
  • Title: [9 Sept 1804 Evidence Circumstantial]
    Description: 9 Sept 1804

    Evidence

    Circumstantial

    Ch.

    On the present occasion, all that can be done is to select such cases of circumstantial evidence as appear to be most exhaustive[?] /comprehensive/, cases in which either on one hand of the description of the principal facts, or on the other that of the correspondent evidentiary facts or of both shall be of the most extensive nature, shall exceed in their extent that of any other equal number of cases which the field of judicial evidence would be found to furnish. Taken all together the collection /assemblage/ of cases here brought to view will I am inclined to think be found not to have left behind /unnoticed/ many of the cases the contemplation of which will appear to belong directly and properly to the business /[...?]/ of judicature. Not a science[?], not an art, not an occupation, profit-seeking or pleasurable - the pursuit of which may not furnish facts that either in the character of principal facts or in the character of evidentiary facts may require to be brought to view for the purpose of judicature - for the information of the Judge. But a treatise on the subject of judicial evidence /evidence-meaning/, can not undertake to include[?], even with that limited view /to that limited purpose/, a display /an explanation/ of all the objects that present themselves in those several compartments in the field of human action. It can not contain within itself details belonging to the provinces of medicine, of chemistry, of mechanicks[?], of agriculture, of mining, of fishing, of manufacture of shipbuilding, of navigation, of domestic economy: although there is /be/ not one of those subjects of human action and one of those objects of human exertion that does not actually furnish facts that come to be proved or disproved, and facts that serve for the proof or disproof of other facts, in a court of judicature /for the purpose of judicial decision in a court of law/.