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accepted or rejected accurately ascertained facts adduced afﬁrmative verdict ancestors apply arbiter based on circumstantial battle better qualiﬁed breach of contract charge circumstantial evidence classiﬁed Coke compel comprehend consider court of judges court told criminal day-in and day-out defendant dence Deus difﬁcult direct evidence eﬁort to swim eliminate uncertainty England evidence of witnesses favor ﬁght ﬁnally ﬁnd ﬁrst force litigants forefathers form of trial gamble and superstition gaudy feathers human aspect importance of facts inﬂuence irrespective judicium juristic facts jurors who knew jury trial justiﬁed justify an afﬁrmative knew the facts knowledge law deﬁning rights law rules learned court learned friend logical mind ordeal parties can waive poisoned bean problem psychology re-read reasoned reconstructing red-hot iron remember reserve decision rules of law sacred scientiﬁc justice sides consented social stenographer’s tell theory thing Think trial by jury uncertain understand verdict of twelve William the Conqueror wish to eliminate Yukaghir