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<note>v. Burn I 503.3.</note> | <note>v. Burn I 503.3.</note> | ||
to the degrees of probability, it should be this.</p> | to the degrees of probability, it should be this.</p> | ||
<p><hi rend="underline">Full</hi> Proof is that, which, the | <p><hi rend="underline">Full</hi> Proof is that, which, the witness being believed, <lb/> | ||
<sic>admitts</sic> not of the probability of Innocence.</p> | <sic>admitts</sic> not of the probability of Innocence.</p> | ||
<add>cannot by be true</add>As if W. | <p><add>cannot by be true</add>As if W. deposes that he saw Dr<lb/> | ||
ran through the body by A. alone, | ran through the body by A. alone, & presumably expire.<lb/> | ||
<note>+ or <unclear> | <note><add>+</add> or <unclear>Sufficiently</unclear></note> Proof <hi rend="underline">Violently</hi> <hi rend="superscript">+</hi> <hi rend="underline">Presumptive</hi> is that, which is of itself sufficient <lb/> | ||
to | to convict, if nothing on the opposite side appears, which<lb/> | ||
<note>A- accorded | <note>A- accorded <lb/> | ||
this 1<hi rend="superscript">st</hi> may | Dc deceased <lb/> | ||
given by <unclear> | W. Witness.</note> then may do by possibility, so as that the testimony of<lb/> | ||
with a | this 1<hi rend="superscript">st</hi> may still <del>not</del> <add>continue</add> true - As if, (to take the <unclear>instance</unclear><lb/> | ||
that | given by <unclear>D<hi rend="superscript">r</hi> Coke</unclear>) &c be found run through the body<lb/> | ||
as that | with a Sword, in a House. & As is seen to come out of<lb/> | ||
<add> | that House, with a bloody Sword, & no other man <hi rend="underline">was</hi><lb/> | ||
strong for | as that time in the House - These circumstances<lb/> | ||
of explanation | <add>related by W.</add> standing alone might form a presumption sufficiently<lb/> | ||
strong for A. to be convicted - And yet things are capable<lb/> | |||
may be that <unclear> | of explanation consistently <add>both</add> on the one hand with A's<lb/> | ||
Sword out of the Body | 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/> | 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> | heard A. expostulating with D. on his design, or <unclear>preseump<hi rend="superscript">n</hi></unclear>.</p><pb/> | ||
Click Here To Edit CERTAINTY EVIDENCE - Degrees of force
If I were to exhibit a division of Prudence 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 probability of Innocence.
cannot by be trueAs if W. deposes that he saw Dr
ran 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- accorded
Dc deceased
W. Witness. then may do by possibility, so as that the testimony of
this 1st may still not continue true - As if, (to take the instance
given by Dr Coke) &c be found run through the body
with a Sword, in a House. & As 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 things 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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certainty evidence - degrees of force |
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