INDEX.

[The figures refer to the original pages, indented in the margin.]

A.

ACTIONS, the subject of human laws, 40.

Affirmative to be proved, 145.

Alibi, unfavourable presumptions from unsuccessful attempts to es-

tablish, 83.

artifices to give effect to false defence of, 83.

observations on defence of, 132.

circumstances which increase the credibility of defence of, 133.
remarkable case of, 141.

Certainty, mathematical, 3, 6.
moral, 5, 6, 210.

Certitude, absolute, 5.

Chances, doctrine of, 6, 8, 14.

Character, evidence of, 131.

Circumstances, concurrence of, effect of, 213.

Circumstantial evidence, defined, 15.

essential characteristics of, 15.
inferior to direct evidence, 26.
inculpatory, moral, 37.

mechanical and extrinsic, 90.
exculpatory, 120.

Concealment, preumption from, 70.

Concurrence of independent witnesses or facts, effect of, 213.
Confederacy, difficulty of, where witnesses numerous, 217.
Confessional evidence, direct, 60.

must be voluntary, 60.

not obtained by torture, 61.
must be taken together, 65.
indirect 60.

Confessions, false, 62, 66.

Consistency of witnesses necessary, 217.

Consistency of conduct presumptive of innocence, 70.
Convictions, erroneous, instances of, 54, 63, 66, 82, 91, 92, 105, 106,
125, 130, 139, 162, 163.

Corpus delicti, confession not suficient proof of, 61.

general doctrine as to proof of, 156.

may be proved by circumstantial evidence, 158.

application of the doctrine as to proof of, to cases of homicide
in general, 162.

in cases of poisoning, 178.

in cases of infanticide, 203.

Counsel, right of defence by, 152.

Credibility or internal probability, 10.

Crime, preparations for commission of, 46.

possession of means and instruments of, 46, 189.

D.

Dates and time, verification of, 114.

Death, proof of, as part of the corpus delicti, 152.

Declarations of intentions, effect of, 45.

Demonstration defined, 3, 5.

Dependent witnesses or circumstances, effect of, 214.

Depositions, prisoner's right to copies of, and to inspect, 219.
Discrepancies in testimony, effect of, 222.

Evidence defined, 1.

various kinds of, 2.
intuitive, 3.

E.

Evidence of demonstration, 3, 5.

moral, 3, 5.

of testimony, 13.

direct, 16.

direct, superior to circumstantial, 26, 161.
circumstantial, characteristic of, 15.
proper subjects of, 16.

sources of, 34.

classification of, 25, 35.
inculpatory moral, 37.
mechanical, 90.

exculpatory, 120.

general grounds of force of, 209.

special grounds of force of, 213.

presumptive, 16.

confessional direct, 60.

indirect, 67.

suppression, destruction, fabrication and simulation of, 72.
rules of induction applicable to, 135.
Experience, meaning of, 10.

province of, 11.

F.

Fabricated circumstances of presumption, 130.
Facility of disproof often imaginary, 219.
Fear, presumption from marks of, 70.

inconclusiveness of, 71.

Footmarks, evidence from, 99 et seq.
Flight, presumption from, 70.

inconclusiveness of, 71.

Force of circumstantial evidence, cases in illustration of, 225 et seq.

H.

Handwriting proof of, 104.

comparison of, 109.

Harmony amongst witnesses, 220.

Homicide, general rules as to proof of corpus delicti in cases of, 162.
Human remains, destruction of, 77.

identification of, 164.

Identification of person grounded on family likeness, 94.
from a portrait, 94.

from preservation of remains, 95.

from articles of dress, &c., 95.

from correspondence of fragments of articles, 95-99.
from impressions of shoes, 99-104.

from articles of property, 104.

quantity of light necessary for, 93.

of human remains by circumstantial evidence, 164.
Identity, cases of mistaken, of person, 31, 67, 82, 91, 92.
of things, 105 et seq.

Inculpatory circumstantial evidence, 37.
Indications, moral, 37.

Indications, inculpatory, 37.
mechanical, 90.

Indigence, sudden transition from, suspicious, 54.
Induction, defined, 135.

rules of, 136 et seq.

Infanticide, presumption of, from concealment of birth, 21, 125.

proof of corpus delicti in cases of, 203.

Intention, declarations of, 45.

Intuition, 3.

Judgment defined, 1.

Judgments, intuitive, 3.

deductive or inferential, 16.

J.

L.

Light, quantity necessary to identification, 93.
Likeness, family, a ground for inferring identity, 94.

Mathematical certainty, 3,

Moral evidence, 3, 5.

certainty, 5, 6, 10.

probability, 6.

indications, 37.

M.

6.

Motives to crime, presumptions founded upon, 37.

not the proper subject of testimony, 43.

absence of, presumptive of innocence, 41.