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accomplices accused admitted answer appear applied believe Brahmin cause CHAPTER character circumstances circumstantial evidence committed considered contract copy course of nature court of equity crime criminal danger decision deed degree dence depends deposing deposition disposition document effect England equally error established evil examination example exclusion existence exposed extrajudicial fact in question false testimony falsehood favour fear forms fixed fraud furnish give guilty hearsay improbable individual inferior innocent intention interest invalidating judge judgment judicial jurisprudence justice of peace legislator likewise marriage means mode moral motive nature necessary oath object observed offence original particular party perjury person plaintiff pre-constituted evidence present principal fact procedure produce proof proving power punishment racter real evidence reason received regard rule sanction speak species sufficient supposed suspicion testament testi thing tion tribunals true truth vexation witness words writing written
Page 35 - may swear that he has not done a thing, though he really has done it; meaning, in his own mind, that he did not do it on a certain day, or before he was born, or understanding
Page 45 - is this which shows the confidence of the witness in himself. Hesitation, a painful searching for the details, successive connexions of his own testimony—it is this, which announces a witness who is not at the maximum of certainty. It belongs to the judge to appreciate these differences, rather than to the witness
Page 45 - I do not dispute the correctness of the author's principles ; and I cannot deny, that, where different witnesses have different degrees of belief, it would be extremely desirable to obtain a precise knowledge of these degrees, and to make it the basis of the judicial decision ; but I cannot believe that this sort of perfection is attainable
Page 46 - himself; who would be greatly embarrassed, if he had to fix the numerical amount of his own belief. Were this scale adopted, I should be apprehensive, that the authority of the testimony would often be inversely, as the wisdom of the witnesses. Reserved
Page 45 - degrees of doubt. But these different states of belief, which, in my opinion, it is difficult to express in numbers, display themselves to the eyes of the judge by other signs. The readiness of the witness, the distinctness and certainty of his answers, the agreement of all the circumstances of his story with each
Page 45 - to the eyes of the judge by other signs. The readiness of the witness, the distinctness and certainty of his answers, the agreement of all the circumstances of his story with each other ; it is this which shows the confidence of the witness in himself. Hesitation, a painful searching for the details, successive
Page 186 - Evidence is direct, positive, immediate, when it is of such a nature, that (admitting its accuracy) it brings with it a belief of the thing to be proved. Evidence is indirect, or circumstantial, when it is of such a nature, that (admitting its accuracy) it leads to a belief of the thing to be proved only by way of induction,
Page 243 - Thus, what the technical procedure rejects, is his own evidence in the purest and most authentic form; what it admits is the same testimony, provided that it be indirect, that it have passed through channels which may have altered it, and that it be reduced to the inferior and degraded state of hearsay.
Page 284 - events which happen daily, and in every corner, are extraordinary and highly improbable. The chances were infinitely great against my placing my foot, when I rise from my chair, on the precise spot where I have placed it; going on, in this manner, from one example to another, nothing can happen that is not infinitely improbable.