March 1804

Evidence

Forthcomingness

Ch. 2 Investigator Indicat

Problem - a transaction of a given nature being supposed to have passed - and the whole or certain parts of it to have come under the cognizance of certain persons, though as yet unknown - in the character of percipient witnessess (whether the facts of which they have been respectively been percipient, belong (with reference to the principal fact sought) to the head of direct or circumstantial evidence - required to find out who those persons respectively are, and what are the parts of the transaction with reference to which, having been percipient witnesses, they are respectively capable of furnishing evidence in the character of deposing witnessess.

Points for consideration, for the purpose of obtaining data for the solution of the above problem -

1. Physical relations. Questions suggested by the consideration of local circumstances: local situations of the supposed actors, in the supposed transaction, at the supposed time.

What sort of place was the scene of it? Was it a private place? - an enclosed space - such as a house or a yard or a garden adjacent to the house. Who were the persons likely to have been present in the house? who was the principal occupier of the house? of what persons did his family consist? What other persons were likely to be present, either as inmates, or as occasional visitors?

Was it a public place - a place open to all passengers? Who were the persons that at the time in question, were likely to have been passengers on the spot, or within sight or hearing of it?