JB/047/266/001

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4 Decr 1811
Evidence

One cause of diminution of probative force – one
cause of inferiority in point of probative force as between evidence
and evidence One cause of inferiority and diminution of probative force remains still to be noted.

As yet, for simplicity's sake, the matter of fact deposed
to, as above, has been tacitly supposed to be the very
matter of fact in question, whatever it may be.

But, independently of human testimony, between
matters of fact themselves such is the found to be the
connection, that, by of the existence, no matter how
established, if one out of two connected facts, a persuasion,
more or less strong, is produced, of the existence
of the other: – the fact of the existence of which the persuasion
is thus produced, say call it the principal fact; the fact by which
such persuasion is produced, say call it the evidentiary fact.

Considered as per tending to produce a persuasion of
the existence of any fact as considered viewed in the character
of a the principal fact as thus explained, any fa other
fact, thus operating in the character of an evidentiary fact,
may accordingly be termed, as in common parlance as well as
technical language it actually is termed, an article
of circumstantial evidence: and, in contradistinction
to such circumstantial evidence, whatsoever
be the particular matter of fact in question, any
article of evidence considered as applying to it immediately, and not
through the medium of any other matter of fact, is
technically as well as familiarly, as above† † Concerning circumstantial evidence, see Ch. termed an article of direct evidence.

Identifier: | JB/047/266/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-12-04	Marginal Summary Numbering	4-6
Box	047	Main Headings	rationale of judicial evidence
Folio number	266	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d8 / e3 / f52
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15134
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