date

3 July 1812 Evidence Introd
3 July 1812

Evidence Introd

Introd

Ch. 23. Technically

'.1.

1. A circumstance that requires to be noted in relation to technically appropriate evidence as above described /distinguished/ is - one circumstance that requires to be noted, is that in all the cases in which a question of this nature occurs the judicatory by which the question has been determined is that of which a Jury is an essentially component part.

2. Another circumstance which at the same time requires to be noted is - that in every one[?] of those cases the authority from which the question has received its decision has been the authority - not of the Jury, but of the permanent and professionally official part of the judicatory - the Judge or Judges
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    A question belonging to the head of technically appropriate evidence is a question that could not have existence over the rule of action real not imaginary consigned to a determinate form of words, not left to be /instead of being/ expressed by each person in his own words at a venture
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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]
    Description: 4 July 1812.

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    Ch. 23. Technically appropriate

    '.1.

    How great soever in theory that is upon this view of it the mischief may /will/ be, it will still not be a mischief in practice, if under a Jury the conclusion in the case where by the happening /intervention/ of an /this or that/ informative fact it is rendered erroneous could not be made to give way to a just and true one. But this is not the case: for in every instance it will be found /seen/, that as often as /to/ any such informative fact it happens to be realized /have place/, that the Jury should take cognizance of it is altogether natural, and no more than ought with confidence to be expected: whereas to a Judge, without inconsistency and [...?] this is not possible: the rule which in relation to this matter has been laid down and pursued being a rule in which, in the character of an informative fact /of the fact in question/ no account was taken, and of which accordingly by the realization of the informative fact in question, their falsity has been demonstrated.

    Throughout the whole extent of the field, but for this mass of suruptitious and usurped law the Jury /[...?] judicatory/ could throughout the whole of the field been /have found itself/ at liberty at lest, to draw right conclusions: whereas by the [...?] which the Judges on such imperfect ground have [...?] down for one another predecessors for successors, they have bound one another, in as far as they are capable of being bound, to pronounce conclusions such as in many instances cannot but prove false.