1 Sept. 1812

Evidence Introd

Introd

Ch 12. circumstantial

'.11.

Having constructed this palladium: - as it has been so often called - of the constitution, viz the jury box, - the same combination of indiscernible causes, left, above and in contact with this palladium, a set of cases whose obvious interest, and consequently whose endeavour, it has been, to weaken and undermine it.

From the very first, - and, as will be seen, not altogether without just cause, - they took upon themselves - those experienced and learned Judges - to determine what evidence should, and what should not, be presented to the cognizance of these their inexperienced and unlearned assessors: but, the evidence once presented to them, by those inexperienced and unlearned assessors it was that the Judgement on it came to be formed and pronounced.

Once presented to them [...?] - good. - But, this or that lot of evidence suppose it not presented to them by these their Directors - what then became of it? - Answer - it was decided - and with it commonly the fate of the whole cause determined - by these their Directors themselves: - with what consistency, as well as with what fruit, will be seen as we advance

All evidence is either direct or circumstantial evidence. From any evidence. From any evidence that comes under the denomination of direct, it appears not that, on any occasion, they have as yet taken upon themselves to deduce the inference. On the contrary, so abundant are the instances in which speaking of Evidence in general, the acknowledgement has been made to Juries, that to them and them alone it belongs, to say what credit is due to the evidence, whatever it has been that they have been permitted to hear, and thereupon to deduce the inference from it, that the [...?] or usurpation[?] is universally [...?] ready to fall, in the character of an inevitable punishment, in the hand of every Judge who should take it upon him to attempt the depriving them of this function - this inestimable right - without which their office would be no better than a pernicious sinecure. In regard to circumstantial evidence, the question has never yet been stated - nor, if it were, does it seem possible to find any rational answer to it, why, in this instance any more than in that other, any attempt should be made to take the decision out of those popular hands, by which, in the sort of compound judicatory in question, without a shadow of objection and amidst universal plaudits every question in so far as it turns upon direct evidence is determined