23 Aug 1804

Evidence

Circumstantial.

Ch Application

5. Nor therefore can it be said of any species or article of circumstantial evidence that being but one it is therefore inclusive.

6. Nor of any number of species or articles of circumstantial evidence, that being in such a number, the body of evidence they constitute is conclusive

7. No article of or mass of evidence can justly be deemed conclusive, if upon the supposition of any other event the possibility of which is out of dispute, the /inference/ conclusion from the existence of the evidentiary fact to the existence of the principal fact be seen to fall[?].

8. The /[...?]/ great use made of circumstantial evidence, is to infer the existence of a psychological fact from that of a physical fact: i.e. gr.[?] /viz./ to infer intentionality or consciousness from external behaviour.

9. A single instance of behaviour - a single act (positive or negative) done by a man in a given set of circumstances - on a given occasion - in a given state of things - may, in the individual case in question afford a mass /lot/ of evidence satisfactory, conclusive, in a degree sufficient for /to[?]/ practice - to warrant a judicial decision to this or that effect - in that individual instance.