27 Aug 1804

Evidence

Circumstantial

Ch.2.

But necessary /indispensable/ as circumstantial evidence is in all these cases /in so large a class of cases/, insufficient as direct[?] evidence is without it, it is not necessary that the circumstantial evidence should always consist of a separate fact, distinct from that which is deposed to in the way of direct[?] evidence. The physical fact being proved in the way of direct evidence, that same fact may operate /constitute an article/ in the way /character/ of circumstantial evidence, by indicating the secret[?] intention that must have been entertained, the several points of consciousness that must have accompanied these intentions, in order to fix the stamp of criminality or at least of the alledged species[?] and degree of criminality, upon the complex[?] act, as designated by the name of the alledged offence. The iron bar was thrown. l But from the very manner in which it was thrown - the velocity, the direction given to it, added to /coupled with/ the shape and bulk of the instrument, inference may be drawn with respect to the absence or presence of an intention to strike the person in question, and if to strike whether in such manner as to produce his death. The horse was mounted on, and rode off upon. But from the inseparable[?] circumstances of the act - the quantity and situation of the space traversed, and the velocity /quickness/ of the pace, inferences may be drawn as well with regard to the intention of returning the animal to the custody from which it was taken, as with regard to the absence or presence of the consciousness of the legal obligation so to do.