An Essay on the Principles of Circumstantial Evidence: Illustrated by Numerous Cases

T. & J. W. Johnson & Company, 1857 - 283페이지

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55 페이지 - And from Shakespeare she gained a great store of information amongst the rest, that -'Trifles light as air, Are, to the jealous, confirmation strong, As proofs of Holy Writ.
52 페이지 - In truth, it seems a wild attempt to lay down any rule for the proof of intention by circumstantial evidence ; all the acts of the party ; all things that explain or throw light on these acts ; all the acts of others relative to the affair that come to his knowledge, and may influence him ; his friendships and enmities, his promises, his threats, the truth of his discourses, the falsehood of his apologies, pretences, and explanations ; his looks, his speech ; his silence where he was called to speak...
144 페이지 - I mention these instances, that we may be the more cautious upon trials of offences of this nature, wherein the court and jury may with so much ease be imposed upon, without great care and vigilance; the heinousness of the...
21 페이지 - ... more scrupulous certainly ought we to be in admitting the proofs of the breach. But that testimony is capable of making good the proof there seems no doubt. In truth, the degree of excellence and of strength to which testimony may rise seems almost indefinite. There is hardly any cogency which it is not capable by possible supposition of attaining. The endless multiplication of witnesses — the unbounded variety of their habits of thinking, their prejudices, their interests — afford the means...
176 페이지 - They ought rather to reflect, that he who falls by a mistaken sentence, may be considered as falling for his country ; whilst he suffers under the operation of those rules, by the general effect and tendency of which the welfare of the community is maintained and upholden.
249 페이지 - KNOW not a more rash or unphilosophical conduct of the understanding than to reject the substance of a story by reason of some diversity in the circumstances with which it is related. The usual character of human testimony is substantial truth under circumstantial variety. This is what the daily experience of courts of justice teaches. When accounts of a transaction come from the mouths of different witnesses, it is seldom that it is not possible to pick out apparent or real inconsistencies between...
85 페이지 - It at the best possible advantage, within a reasonable time after notice to the buyer, and that it was for the jury to say under all the circumstances whether the...
244 페이지 - And the undesigncdnt ss of the agreements (which undesignedness is gathered from their latency, their minuteness, their obliquity, the suitableness of the circumstances in which they consist, to the places in which those circumstances occur, and the circuitous references by which they are traced out) demonstrates that they have not been produced by meditation, or by any fradulent contrivance.
16 페이지 - The word evidence, in legal acceptation, includes all the means by which any alleged matter of fact the truth of which is submitted to investigation is established or disproved.
58 페이지 - ALL crimes have their conception in a corrupt intent, and have their consummation and issuing in some particular fact ; which though it be not the fact at which the intention of the malefactor levelled, yet the law giveth him no advantage of that error if another particular ensue of as high a nature.

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