25 Aug 1804

Evidence

Circumstantial

Ch.1.

§.1 Circumstantial

 Insert this in text or note? at length or in abridgment?

Book the 1. Of Circumstantial Evidence

Ch. 1. Practical uses and order of the contents of this Book.

§§.1. Precedence why given to the topic of circumstantial Evidence.

We now enter upon the examination of the different species[?] of evidence.

On the fact of the term circumstantial, when compared with the correspondent term direct from which it is distinguished and to which consequently it is opposed, viz: direct - it[?] may naturally enough occurr, that it is to direct and not to circumstantial evidence, that priority of consideration is due. Circumstantial (it may occurr) /be said/ is not the principal, the most satisfactory species[?] of evidence. it is a sort of[?] irregular [...?] makeshift species, admissible no otherwise than as a corroborative /help-mate/, or at most, only as a substitute, to direct evidence. Say to us therefore in the first place what you have to say on the subject of direct evidence: that done, it is then that circumstantial evidence will find its proper place.

I answer - what is above, is in good measure /a certain sense/ true: yet notwithstanding which I give the priority to circumstantial evidence, and that for a very simple reason and which I expect to find a satisfactory one. Questions relative to circumstantial evidence may be treated. The notion[?] /Every thing/ that belongs to of[?] circumstantial evidence may be fully explained /discussed/ without entering into the previous consideration of any other topic belonging to the field of evidence /the precognition of any thing belonging to any other topic of the field/; and in particular without regard to the consideration of personal trustworthiness or untrustworthiness /regard due to his or that species of evidence/ or the propriety or impropriety of exclusions on that ground. None of these topics can well be [...?] /explained/ without /without/ involving a [...?] of institutions[?] the[?] progression of a [...?] of particular belonging to the formal[?] [...?].