16 Sept 1804

Evidence

Circumstantial

Ch. Failure[?] Causes

(Another proposition, which will be sufficiently clear without the use /[...?] benefit/ of numerical cyphers, literal species, or diagrams, be[?] more[?] /no more/ clearer with than without them, and to a great majority considerably clearer without than with them, is - that) in a chain of circumstantial evidence, composed /consisting/ of a number /multitude/ of limbs, in each of which the probative force of the evidentiary fact is weakened by an infirmative fact, the force of the infirmative fact being in each the same in each the probative force of the immediate evidentiary fact with reference to the ultimate principal fact, will be less and less in proportion to the number of the links: - will be inversely[?] as the number of the links.

Hence whenever a chain of this sort presents itself to the Judge, it will be an exercise to him /an object a [...?] for his industry and discernment/ to make sure that there are no two links[?] between which any other link, with its attached apparatus of infirmative facts, can be interposed. Examples of trials[?] which were it not for this warning might be apt to be overlooked will meet us presently, /will presently come under review/;