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<head>CERTAINTY. EVIDENCE. - Degrees of force</head><lb/> | |||
<p>If I were to exhibit a division of Evidence according<lb/> | |||
<note>v. Burn I 503.3.</note> | |||
to the degrees of probability, it should be this.</p> | |||
<p><hi rend="underline">Full</hi> Proof is that, which, the witness being believed, <lb/> | |||
<sic>admitts</sic> not of the possibility of Innocence.</p> | |||
<p><add>cannot but be true</add>As if W. deposes that he saw D<del>K</del><lb/> | |||
run through the body by A. alone, & presumably expire.</p> | |||
<note><add>+</add> or <unclear>Sufficiently</unclear></note> | |||
<p>Proof <hi rend="underline">Violently</hi> <hi rend="superscript">+</hi> <hi rend="underline">Presumptive</hi> is that, which is of itself sufficient <lb/> | |||
to convict, if nothing on the opposite side appears, which<lb/> | |||
<note>A- accused <lb/> | |||
Dc deceased <lb/> | |||
W. Witness.</note> then may do by possibility, so as that the testimony of<lb/> | |||
the 1<hi rend="superscript">st</hi> may still <del>not</del> <add>continue</add> true - As if, (to take the <unclear>instance</unclear><lb/> | |||
given by <unclear>D<hi rend="superscript">r</hi> Coke</unclear>) <unclear>Dc</unclear> be found run through the body<lb/> | |||
with a Sword, in a House. & A. is seen to come out of<lb/> | |||
that House, with a bloody Sword, & no other man <hi rend="underline">was</hi><lb/> | |||
as that time in the House - These circumstances<lb/> | |||
<add>related by W.</add> standing alone might form a presumption sufficiently<lb/> | |||
strong for A. to be convicted - And yet they are capable<lb/> | |||
of explanation consistently <add>both</add> on the one hand with A's<lb/> | |||
innocence & on the other with W<hi rend="superscript"><hi rend="underline">s</hi></hi> veracity. For it<lb/> | |||
may be that <unclear>K.</unclear> did it himself, & A. <add>his friend</add> snatching the<lb/> | |||
Sword out of the Body ran out of the House in a fit of<lb/> | |||
distraction; as may be proved <hi rend="underline">fully</hi> by another W. who<lb/> | |||
heard A. expostulating with D. on his design, or <unclear>preseump<hi rend="superscript">n</hi></unclear>.</p><pb/> | |||
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CERTAINTY. EVIDENCE. - Degrees of force
If I were to exhibit a division of Evidence according
v. Burn I 503.3.
to the degrees of probability, it should be this.
Full Proof is that, which, the witness being believed,
admitts not of the possibility of Innocence.
cannot but be trueAs if W. deposes that he saw DK
run through the body by A. alone, & presumably expire.
+ or Sufficiently
Proof Violently + Presumptive is that, which is of itself sufficient
to convict, if nothing on the opposite side appears, which
A- accused
Dc deceased
W. Witness. then may do by possibility, so as that the testimony of
the 1st may still not continue true - As if, (to take the instance
given by Dr Coke) Dc be found run through the body
with a Sword, in a House. & A. is seen to come out of
that House, with a bloody Sword, & no other man was
as that time in the House - These circumstances
related by W. standing alone might form a presumption sufficiently
strong for A. to be convicted - And yet they are capable
of explanation consistently both on the one hand with A's
innocence & on the other with W<hi rend="underline">s</hi> veracity. For it
may be that K. did it himself, & A. his friend snatching the
Sword out of the Body ran out of the House in a fit of
distraction; as may be proved fully by another W. who
heard A. expostulating with D. on his design, or preseumpn.
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Identifier: | JB/050/043/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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043 |
certainty evidence - degrees of force |
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001 |
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text sheet |
1 |
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recto |
f1 |
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jeremy bentham |
[[watermarks::[partial ec motif]]] |
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16034 |
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