JB/051/035/001

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Evidence II

Credib

The interest created
by a wager is more
than double that
created by hire
to the same amount

2.

Interest may be 1
natural or 2 artificial,
as in case
of hire and wagers

Hearsay

3

Hearsay evidence
may be weakned
by the paucity of
witnesses at each
step indefinitely:
but can not be
strengthen'd up to
first-hand evidence.

Credib.

4

Cautions against
latent interest.

5

Passion for the
marvellous - generated
by pleasure
of curiosity.

6

Variety of story-telling —
pleasure
of self-recommendation.

7.

Persisting seriously
in a story first
told negligently.
Fear of reputation
of mendacity .. natural
sanction.

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Credib.

8.

Analogy not ill understood
by the
common run of
men

9.

Therefore they have
no ground for [examining
scrutinizing strictly into
the connection between]
the circumstances
of a fact
at first sight extra-ordinary
Instance Electrical
gold leaf which
may have seemed
as thick as a pane
of glass

Facts

10

Knowledge respects
1. actuality. 2.
causality. Instance
Vespasian's cure

Credib.

11

Observation may
be imperfect for
want of comprising
all the circumstances.
Inst. Elect. Gold-leaf.

12

Testimony Observations as applied
to causality
amounts only
to belief opinion.

Vestigial evidence )( testimonial.

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Ground

13.

Attenss Persuasion of
respecting causality is grounded
on analogy.

14

In cases of intrinsic
improbability
call in men
of science. Nat.
Philosophers, Physicians —
even
Jugglers.

15.

Instance Physicians —
whether
a man can live
so long under water
or without sustenance.
or a woman so long between
conception
& delivery.

16

Horse-jockies —
instance flying
Highway-man.

Credib.

17.

Attention is biased
-pelled to by
interest. Facili
credimus quod
volumus. Difficili
discredimus
si pro incredulitate
plectendum.

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NUTT

Is it credible that
mankind should have
been thus long in
error respecting
doctrine of
evidence? why not
since they were incontestibly
in still
greater error in
evidence by Battle,
Corsind, Ordeal &c.

In private life
mens rules of judging
have all along been
consentaneous to
those here recommended.

But in judicial
proceedings there
must be something
formal & out of the
way.

All the argument
is founded in
the prejudice against
the inquisition &c.
& in

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Credib.

18

An interest created
by fear of
contempt for incredulity

19.

Those who believe
a thing intrinsically
improbable
are angry with
disbelievers, through
fear of contempt
as being if easily imposed
upon.

20

The inclination
to tell depose truely
or falsely depends
1. upon the proportional
force
of the impelling
& restraining motives.
2. upon
the relative sensibility of
the witness to the
motives

21.

The proportion in
point of force between
the contending
motives depends
upon. 1.
the force of the impelling
motives.
2. that of the restraining.

22.

The verity of the
evidence depends
upon 1. the accuracy
of it. 2.
the amplitude

Identifier: | JB/051/035/001 "JB/" can not be assigned to a declared number type with value 51.
Date_1		Marginal Summary Numbering	1-21
Box	051	Main Headings	evidence; procedure code
Folio number	035	Info in main headings field	evidence ii
Image	001	Titles	credit / hearsay / facts / ground
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::[britannia with shield emblem]]]
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	16200
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