date

4 July 1812 Evidence Introd
4 July 1812

Evidence Introd

Introd

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
Similar Items
  • Title: [4 July 1812. Evidence Introd]
    Description: 4 July 1812.

    Evidence Introd

    Introd

    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.
  • 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.
  • 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.