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16 Sept 1804
Evidence
Circumstantial
Ch. Failure[?] Causes
(Another proposition, which will be sufficiently clear without the use /[...?] benefit/ of numerical cyphers, literal species, or diagrams, be[?] more[?] /no more/ clearer with than without them, and to a great majority considerably clearer without than with them, is - that) in a chain of circumstantial evidence, composed /consisting/ of a number /multitude/ of limbs, in each of which the probative force of the evidentiary fact is weakened by an infirmative fact, the force of the infirmative fact being in each the same in each the probative force of the immediate evidentiary fact with reference to the ultimate principal fact, will be less and less in proportion to the number of the links: - will be inversely[?] as the number of the links.
Hence whenever a chain of this sort presents itself to the Judge, it will be an exercise to him /an object a [...?] for his industry and discernment/ to make sure that there are no two links[?] between which any other link, with its attached apparatus of infirmative facts, can be interposed. Examples of trials[?] which were it not for this warning might be apt to be overlooked will meet us presently, /will presently come under review/;
Similar Items
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Title: [16 Sept 1804 Evidence Circumstantial]Description: 16 Sept 1804 Evidence Circumstantial Ch. [...?] [...?] [...?] § 1. Generalis[?] Ch. Probative force of the several species /above modifications/ of circumstantial evidence - causes of its failure. Take on the one part any given principal fact; on the other, any given evidentiary fact, being such with reference to the above principal fact: and let the existence of the evidentiary fact be supposed to be certain - admitted as such on all hands. To whomsoever it appears that such is the strength /probative force/ of the connection between the two in this case no /no/ [...?] of things can take a place in which the principal fact shall not have happened, to him the probative force of the evidentiary fact must /can not but/ appear conclusive. To whomsoever it appears that in the same case this or that fact may have existed /had existence/, the existence of which being supposed the principal fact may not have happened, to him the probative force of the evidentiary fact must appear short of conclusive The deficiency in point of conclusiveness will appear greater and greater, the greater the probability of such collateral and hypothetical infirmative fact: and suppose a number of these hypothetical facts, the probability of each being the same the above deficiency will be greater and greater, in proportion as the number of such infirmative facts is greater: - all these separate /several/ infirmative facts will form an aggregate /a sort of complex/ infirmative fact the infirmative force of which will be as the number of the elementary or compound infirmative facts. In like manner by the ordinary mathematical methods, if the probability of each such elementary infirmative fact were given, although in the case of each it were different in the case of each, the aggregate infirmative force of the aggregate infirmation fact might be obtained.
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Title: [[048-179b] 25 Sept. 1804 Evidence]Description: [048-179b] 25 Sept. 1804 Evidence Note Circumstantial Ch. Failure Causes §. Delinquency. Clandestinity Disguise[?] - Search[?] [...?] (a) B. Of Circumstantial Evidence Ch. ( ). General View[?] §.1. The [...?] of circumstantial evidence presents itself as the first to be brought to view. - Why so? - Because this can /is may/ be /capable of being/ treated[?] of without the [...?] of any part of the matter contained in /under/ any of the other heads. None of them can be clearly or /and/ satisfactorily treated of without the introduction of more or less of the matter contained in this. The relations we have here to bring to view are no other than those /the relations/ which subsist[?] between fact and fact: between one fact considered as the principal fact - the fact to be proved or disproved, and another fact considered as evidentiary in relation to it - as applicable in the character of evidence to prove or to help prove the existence or non-existence of it. We shall not in this whole book, be imbarassed[?] by any of these doubts and difficulties which [.../] hover over human testimony /the expanse/. For the purpose of the inquiry /argument/ The existence of the evidentiary fact will be supposed to have been established, no matter how: and the question /consideration/ will be confined to the connection between that and the principal fact to the proof of which it is considered as applicable. Note Clandestinity of the act - Of this and the next[?] modification of voluntary deportment evidentiary /capable of affording circumstantial evidence/ of delinquency, viz: 2.[?] Forgery of real evidence: 3. Opposition to physical investigation. 4. Tampering with witnesses. 5. Latitantcy. 6. Substraction of property and other pledges of justiciability, and 7 Tampering with prosecutor, it is almost needless to observe that in several transactions the scene being out of court the evidence to the Judge will not present itself in the shape of immediate, but only in the shape of reported evidence. Consequently the evidentiary chain can not in one of these cases consist of any smaller number of links than five, nor of any smaller number of joints than four, exposed each of them to the infirmative force of its several infirmative facts, as above exhibited.
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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.
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