JB/047/016/001

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Novr 1803
Marg. Contents

Circumstantial in general

1
Explanation of the
table. Titles of the columns from
the points to be attended
to on occasion
of the several
modifications of circumstantial evidence.
1. Evidentiary fact
2. Fact evidenced
3. Cases of failure
p.8

2.
All modifications
of circumstantial
evidence are comprized
under the first two heads.
1. Affirmative
evidence – physical
& psychological. p.8

3. So likewise under
the 3d and fth which
are nothing more
than circumstantial
evidence brought
forward in disaffirmance
of the fact
evidenced on the
other side. p.8.

4.
In the several
more particular
cases subjoined, the
facts immediately
instanced are in
every instance of
the psychological
class, although they
may themselves serve
as evidentiary of
physical facts. p.9

5.
In all cases the
facts immediately
evidentiary – immediately
present to
the senses of the
Judge or the reporting
witness,
can be no other
than physical facts –
(such as deportment
gesture &c) from
whence the psychological
facts
are inferred.
p 10

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Circumstantial in general

6
In all cases of circumstantial
evidence
there is therefore
a chain of facts
more or less long
brought to view in
the Judge's mind.
p. 10

7
In speaking on
this occasion of
supposed physical
facts, the term impossibility
is frequently
employed,
as well as improbability,
or in preference
to it improbability
only, in
speaking thus of
supposed psychological
facts. p. 11

8
Impossibility not:
why?
1. The operations
of the mental world
are less regular
than those of the
physical.
2. They are less
open to observation,
less capable of being
accurately comprehended.
p. 11

9
Alligation of impossibility
is in the
case of a psyschological
fact tantamount
to alligation
of necessity &
negation of free will.
p. 12

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Circumstantial in general

1

Circumstantial evidence
will not in
general be so persuasive
as direct

p. 12

2.
But in some cases
it may be more so –
1. Circumstantial
evidence in case of
mendacity is not so
apt to be concerted
as direct evidence.
p. 12

3.
2. By including a
lot of circumstantial
evidence, a
mass of evidence,
if mendacious, is
more exposed to be
disproved: the more
distant false facts,
the more they are
exposed to be disproved
by true ones.
p.12.

4.
To direct evidence
the witnesses are
most apt to belong
to suspected class
suspected in respect
of self regarding
interest or sympathy.
A mass of evidence
in which circumstantial
evidence
is included, will
frequently include
evidence altogether
clear of suspicion.
p. 13

5.
Conclusion. Circumstantial
evidence
is per se inferior to
direct, p but liable
to be superior per
accident. p. 14

Identifier: | JB/047/016/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-11	Marginal Summary Numbering	1-9, 1-4
Box	047	Main Headings	evidence
Folio number	016	Info in main headings field	<…>tial marg. contents
Image	001	Titles	circumstantial in general
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	<…>
Penner	john herbert koe	Watermarks	180<…>
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	14884
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