16 Dec 1802 2 May 1803

Evidence

Circumstantial

Ch. 6

Thus in the case of homicide the act by which the fatal blow itself was given maybe considered as the principal fact and the narration of the eye witness by whom this fact including all the contemporary phenomena by which it was accompanied and characterized in what is meant by direct evidence: the appearance of blood at another time upon the cloaths of the supposed murderer the appearance of a pistol or knife supposed to have belonged to the supposed murderer and found lying near the dead body, the marks of agitation betrayed by the aspect the voice and the discourse of the supposed murderer some time after, all these maybe considered as so many evidentiary facts and the evidence of which they are the subject matter the evidence by which they are laid before the judge are so many species of circumstantial evidence.

[Note]

In this case it is the physical act that is considered as the subject of the direct evidence: Even as to circumstances inculpation; aggretion; exculpative[?] [...?], and extenuative. Shown also as non-[...?]