date

3 July 1812 Evidence Introd
3 July 1812

Evidence Introd

Introd

Ch. 23. Technically appropriate

In the instance of all these several topics, so extensive is the field to which they every one of them have application, scarce any need or occasion has there been /small indeed has been the occasion which there has been/ to make any particular species of fact in the character of the subject matter of the evidence: and where there has, extensive to a prodigious degree of amplitude has been the species of fact thus brought to view.

Under the head of circumstantial evidence for example 1. any matter of fact whatever belonging to the class of physical facts - 2. any matter of fact whatever belonging to the class of psychological facts. 3. On the occasion of a series of [...?] action directed to any one common end, among the matters of fact to which such series of action have given birth any which occupying in the order of time a station anterior to this or that other matter of fact considered as evidentiary of it; and vice versa. 4. human delinquency, in whatsoever shape manifested or operating: 5. on the occasion of a script exhibited in the character either of an instrument of contract or a script at large, the genuineness or spuriousness of the script.

Such in every instance is the amplitude, the prodigious amplitude of the only species of facts which in the occasion /in the course/ of a work having for its subject evidence in general or legally operative evidence in general it seemed necessary or proper to bring to view.
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    To form a good circumstance evidence two circumstances at least one necessary: but by these rules one is regarded as sufficient

    The practice of considering, and on such slender ground as just mentioned, a fact belonging to an individual transaction as being of itself probative or disprobative of a fact belonging to another individual transaction shall have no connection with it stands exposed /has to encroach/ to this [...?] In every instance without exception either it is deceptitious or mindless: mindless to such a degree as to be migatory and ridiculous.

    Of a general rule constructed for this purpose the effect if any effect follows from it that would not follow without it, will frequently be, the pronouncing as true fact which by all persons to whom the transaction is known will be seen plainly to be false or vice versa.
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    Of the subjects which seemed with propriety to belong to the design of a work on Evidence the following is if not a /an altogether/ compleat list, at any rate, a very extensive sample /ample [...?]/ - 1. Probitive force in what way capable of being measured by what circumstances encreasaed and by what diminished - 2. Causes of trustworthiness and untrustworthiness, in witnesses thence of belief and disbelief - 3. Securities for trustworthiness - 4. Mode of making use /application/ of these securities to such their purpose, on the occasion of the reception and extraction of evidence by judicial authority - 5. Circumstances by which the probative force of a species of evidence is diminished - viz such as the comparative untrustworthiness of the source - the remoteness of the evidence in question from the /its supposed source - viz. the seat of supposed perception/ source - the circumstance of it not having been subjected to the docimastic action of the securities for trustworthiness and the circumstance that as in the case of circumstantial evidence of the fact directly spoken to by the evidence is not the very fact in question, but some other fact, from its supposed connection with which the existence or non-existence of the very fact in question is inferred. 6. Means proper to be taken for securing the existence of evidence, evidence /means/ properly adapted to the purpose of securing in the breast of all persons whom it amy concern a belief /the persuasion/ of the existence of all such facts of which for the purpose of giving due effect to such rights and obligations as the legislature has thought fit to create it is necessary that a persuasion of their existence should be entertained.
  • Title: [4 July 1812 Evidence Introd]
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    Ch. 23. Technically appropriate

    '.1.

    In this respect different in a considerable degree, it has already been seen is the nature of circumstantial evidence. In the case of this sort of evidence many and extensive are, it has been seen the instances in which one [...?] /[...?]/ sort of fact ground may be seen for inferring the existence or the non existence of another sort of fact.

    Thus there was a species of evidence the decision of which was not in its own nature absolutely incapable of being taken into the hands of the Judges, accordingly taken with their insatiable /over-grasping/ and ever grasping hands it has been and to a vast and deplorable extent.

    I say deplorable, and for this reason: viz. that assuredly in most instances, not in improbably in every instance without exception the conclusions thus drawn will in the general character this in every instance has been given to them, rash and untrue conclusions. Why? because the conclusion will in every instance be found liable to be weakened by facts, of the nature of informative facts as above explained, which facts have in the drawing of the inference been overlooked or neglected