30 Oct 1803

Evidence

Circumstantial

in general

Continuation

In all these instances the psychological fact - the state of the mind is the only fact (it will be seen) that has any intrinsic importance. But as the state of one man's mind can no otherwise be made known to any other man than through the medium of some external physical indications, in all these instances it is the physical evidence, and that alone, that constitutes /is/ the object unavoidably[?] presented to the senses /[...?]/ /cognizance/ of a disposing witness or the Judge. In all these cases therefore we see not merely a single link of evidence, but a chain, whole[?] chain of evidence though that as short a one as a chain can be, of evidence. To the senses of the Judge are presented without the intervention[?] of any other object /medium/ different /sundry/ articles of physical evidence - the physical appearances durable or non durable of which the vocal language, the written discourse, the countenance the gesture, the deportment, the course of proceeding of the individual in question is /are/ composed: from these physical indications, in virtue of a propensity so frequently called into action as to have become as it were /in a manner/ instructive, inferences are drawn by the Judge affirming on the part of the same individual the existence of some psychological fact, intention to act or consciousness of intention according to the nature of the case. In the case of those modifications of circumstantial evidence that stand distinguished by the title of prudential, this psychological fact is an act of intentionality: in those which stand under the head of subsequential, /it is an exemplification/ an act of consciousness - inculpative criminal consciousness in a penal case, if the case be a penal one; inculpative criminal consciousness - consciousness of the existence of these circumstances by which the physical act is invested of the character of an offence /a crime/.