JB_045_716.xml

Title: [4 July 1812 Evidence Introd]

Description: 4 July 1812

Evidence Introd

Introd

Ch. 23. Technically appropriate

'.1.

Thus if it be not /where it has not been/ upon the point /matter/ of law, it is upon the effect of some acknowledged fact in the character of an evidentiary fact with relation /regard/ to some assignable fact in the character of a principal fact in a /and this/ word in the character of an article of circumstantial evidence that the question has turned on the occasion of every decision of which under the head /part//division/ in question mention has been made will be found manifest by /appear plain enough it is supposed to/ every lawyer by whom the contents of it are looked over in this view.

The cause of this distinction will also it is supposed be sufficiently apparent: of this distinction that is of those reasons a not entering upon them to pronounce on /say what ought be/ the effect of /in which of/ direct evidence, coupled with their obtrusion /intrusion/ in taking upon them to say what ought to be and thence what shall be the effect of an article of circumstantial evidence.

To say what ought to be to the effect of an article of direct evidence - of the testimony of a witness would be to decide upon the probative force of the evidence delivered by that same witness. But in every /each/ instance this question is altogether of an individual nature: the decision pronounced upon it incapable of serving as a rule or a guidance in any other individual case - altogether incapable of serving in the character of a general rule incapable therefore so long as any power at all was left to Jury, incapable of furnishing any the least shadow of a pretext for taking the question into the hands of a Judge.

JB_045_704.xml

Title: [3 July 1812 Evidence Introd]

Description: 3 July 1812

Evidence Introd

Introd

Ch 23 Technically appropriate

'.1. Sketch Law

Of technically appropriate evidence: i.e. of evidence considered as regulated by the pleadings and other proceedings in the case.

'.1. Technically appropriate evidence under statute law.

After all that, in the course of this work, hath as yet been said on the subject of evidence though now brought to a close - a conception which by a professional reader at least will be apt to be entertained, is - that of the proper field of evidence a full moiety remains still unvisited.

But if of this supposed remaining moiety the particulars be looked into, it will be found that if it can not be said of them with strict truth that of the questions /subjects therein touched /treated/ upon there is not one that bears any relation to evidence, yet at any rate that there is not one of them the mention /consideration/ of which could with propriety find a place in a work which, like the present one, has for its subject the nature of evidence considered as such and without reference to the nature of the particular fact individual fact or sort of fact /individually or specifically considered/ to the proof or disproof of which it is desisted.

The question whether heat be itself a particular sort of body, or only a mode of being of which all bodies are susceptible, is a question of evidence, since it is in the ground of evidence that it is discussed, and by the light of evidence, if ever, and by any thing, that it will be determined. But this being admitted, it is a consequence that will not follow is, that the question whether heat be a body or no is a question fit to constitute part of the contents of a work on the subject of evidence.

JB_045_707.xml

Title: [3 July 1812 Evidence Introd]

Description: 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.