Chain of evidence

“ In reasoning upon such subjects, when the facts which constitute the chain of circumstantial evidence are very numerous, we are apt to regard their greater comparative number as if it dispensed with a rigid application of the rules of determination. Every one can see, in the illustration above employed, borrowed from criminal jurisprudence, that the facts which constitute the chain of circumstantial evidence ought to be rigidly tested by the rules of determination before the guilt of the accused can be safely drawn as a deduction from the facts. ”

“ Foreman and gentlemen, I have taken a little more time than I intended to in discussing the question of circumstantial evidence. I have said that it was necessary for them to prove beyond a reasonable doubt the allegation of the indictment. Circumstantial evidence has often been likened to a chain. These facts which have to be proven in order to allow you to draw the inference [203] as to her guilt or innocence have been called links in the chain, and every essential fact, Mr. Foreman and gentlemen, every essential fact in that chain must be proved beyond a reasonable doubt—every one of them. ”

“ Each supposed fact must be sifted out and weighed. The evidence must be gone over again and yet again, each link in its chain being scrupulously tested. The deduction to which the evidence may seem to point must be closely and impartially scrutinized, every other conceivable explanation of the facts being frankly and fully considered. ”

“ Every link in the chain must have its separate existence, and its existence must be established by the same kind and degree of evidence as if it were the only thing to be proved. The next rule is to place the several facts, when so proved, in their proper relation to each other in the group from which the inference is to be drawn. In circumstantial evidence a fact may be established by the most direct and satisfactory proofs, and yet it may have no relation to other facts with which you attempt to associate it. ”

“ Where they have made explicit findings of fact, those findings conclude us and form the basis of our review-with the one caveat, necessarily, that we are not to be bound by findings wholly lacking support in evidence. ”

“ The issue, which, it has been shown, is subsequent to the record, and can only mean delivery, is treated as the thing to be proved; all the matters of record are but instruments of evidence to establish the fact of issue. ”

“ Circumst’ntial evidence, Markham, is the utt’rest tommyrot imag’nable. Its theory is not unlike that of our present-day democracy. The democratic theory is that if you accumulate enough ignorance at the polls you produce intelligence; and the theory of circumst’ntial evidence is that if you accumulate a sufficient number of weak links you produce a strong chain.” ”

“ When the proofs of a crime are dependent on each other, that is, when the evidence of each witness, taken separately, proves nothing; or when all the proofs are dependent upon one, the number of proofs neither increase nor diminish the probability of the fact; for the force of the whole is no greater than the force of that on which they depend; and if this fails, they all fall to the ground. When the proofs are independent on each other, the probability of the fact increases in proportion to the number of proofs; for the falsehood of one does not diminish the veracity of another. ”

“ A further test has to be applied by each investigator for himself. When we have ascertained, as far as possible, on what evidence our knowledge of an alleged fact rests, we have to consider the inherent probability of the allegation. Is the statement about it in accordance with the general workings of human nature, or with the particular working of the nature of the persons to whom the action in question is ascribed? Father Gerard, for instance, lavishly employs this test. ”

“ As we extend our scrutiny into the evidence from direct observation, we find still other proofs independent of those just considered. One proof alone, be it remembered, is all that is required, but it will be found that there are many. ”

“ No one has ever contended that the proof should be exclusively that of eye-witnesses, testifying from their senses positively and directly to the fact. Political, like other offences, may be established by circumstantial as well as positive evidence. ”

“ Simply stated, it is whether the evidence is such that, without weighing the credibility of the witnesses or otherwise considering the weight of the evidence, there can be but one conclusion as to the verdict that reasonable men could have reached. ”

“ But this result must be drawn from a general view of the whole, and will collect in one the sum of proof both probable and certain.
Again, where many various causes concur, some more and some less, to produce a certain effect, the force of such effect is the force of all these causes put together, not of each by itself alone. Or where many witnesses are examined, whose evidence differs in value, although the testimony of some be in itself decisive, yet the verdict must be given after a consideration and review of all. ”

“ After all the evidence is collected from every quarter, then it is the proper business of the understanding or judgment to compare and balance evidence, and to form a decisive opinion or belief, according to apparent truth. We have no more right to judge without evidence than we have to judge contrary to evidence; and we have no more right to doubt without, or contrary to, evidence, than we have to believe without, or contrary to, evidence. We have no right to keep ourselves in a state of doubt or uncertainty, when we have sufficient evidence to come to a decision. ”

“ The examination and cross-examination of the witnesses are carried on under rules of evidence which are the result of centuries of experience, and which give many a man as he sits on a jury his first lesson in the fallibility of the unobserved and uncontrolled inferences of the human brain. The 'said I's,' and 'thought I's,' and 'said he's,' which are the material of his ordinary reasoning, are here banished on the ground that they are 'not evidence,' and witnesses are compelled to give a simple account of their remembered sensations of sight and hearing. ”

“ That is done in the court below, when the particular fact is found which the evidence tends to prove. The effect of mere evidence stops when the fact it proves is established. After that the question is as to the effect of the fact; and when the evidence in a case has performed its part and brought out all the facts that have been proved, these facts thus established are to be grouped, and their legal effect as a whole determined. ”

“ Disagreeing widely on other and far less important departments, all schools, and languages, and ages—writers on law, on logic, on science—agree in accepting what is called the evidence of the senses, although, as we have seen, the senses of themselves can give us no evidence of anything whatsoever; and in this, likewise, there is passive if not active agreement—that the first qualification of a witness is honesty, and that the concurrence of testimony of large numbers is a solid basis for belief. ”

“ The increased number of witnesses to circumstances, and the increased number of the circumstances themselves, all tend to increase the probability of detection if the witnesses are false, because thereby the points are multiplied in which their statements may be compared with each other, as well as with the truth itself, and in the same proportion is increased the danger of variance and inconsistency.66 [pg 040] Thus the force of circumstantial evidence is found to depend on the number of particulars involved in the narrative ”

“ When we come now to consider how we establish facts, whether single or complex, we find that, both to aid our own judgment and to convince other people, we rely on evidence. We have seen that evidence falls roughly into two classes: either it comes from persons who testify out of their own observation and experience, or it comes indirectly through reasoning from facts and principles already established or granted. ”

“ Who is afraid of the statement of facts? Or do our friends on the prosecution feel that our scientists merely state opinions, and give no evidence of facts? But if this is to be an investigation facts are necessary. If this is to be an investigation, your honor, as a lawyer, knows it is necessary to properly introduce that evidence. ”

“ Legislation declaring that proof of one fact of group of facts shall constitute prima facie evidence of an ultimate fact in issue is valid if there is a rational connection between what is proved and what is to be inferred. ”

“ The findings of the examiner are to be considered along with the consistency and inherent probability of testimony. The significance of his report, of course, depends largely on the importance of credibility in the particular case. To give it this significance does not seem to us materially more difficult than to heed the other factors which in sum determine whether evidence is 'substantial.'
The direction in which the law moves is often a guide for decision of particular cases, and here it serves to confirm our conclusion. ”

“ The piecing together of the loose bits of evidence which we hunt up, a bit here, a bit there, arguing upon it, drawing conclusions from it, rejecting what will not fit, filling up the empty spaces, until we present the whole case without a crack in it for a guilty man to slip through--that is what we call circumstantial evidence, and it is really a science, doctor. ”

“ We insist, that the terms 'if recognized by him,' are inserted for the single purpose of defining the proof upon which the material facts should be established, and are to be regarded only as prescribing a rule of evidence for the particular case. ”

“ In far the greater number of crimes the proof must depend to a large extent upon the evidence of circumstances. But these must be so convincing that it is impossible in reason to draw any other conclusion from them. ”

“ If a close examination of the evidences of Christianity may be expected of one class of men more than another, it would seem incumbent on us, who make the law of evidence one of our peculiar studies. Our profession leads us to explore the mazes of falsehood, to detect its artifices, to pierce its thickest veils, to follow and expose its sophistries, to compare the statements of different witnesses with severity, to discover truth and separate it from error. ”

“ The negative portion of the evidence will naturally be developed with less accuracy. The proof is limited to the assertion that such shoes as were indicated in the evidence were very rarely or never worn in that region, also that no native could have been present, that the form of the nails allowed inference of somebody from foreign regions, one of which might be the home of the suspect, etc. Such an examination shows that what we call evidence is only probability or possibility. ”

“ But if some one saw the student obtaining aid, that fact would be direct evidence against him.
Direct evidence, as a rule, is considered more valuable than indirect, but each kind is frequently sufficient to induce belief. The best possible kind of evidence, the kind that is least liable to contain error or falsehood, is a combination of both direct and indirect. Either one by itself may be untrustworthy. ”

“ It is for ordinary minds, and not for psychoanalysts, that our rules of evidence are framed. They have their source very often in considerations of administrative convenience, of practical expediency, and not in rules of logic. When the risk of confusion is so great as to upset the balance of advantage, the evidence goes out. Thayer, Preliminary Treatise on the Law of Evidence, 266, 516; Wigmore, Evidence, §§ 1421, 1422, 1714. ”

“ The laws of evidence are too well understood to call for abstract reasoning as to the credibility of the witnesses who are at present giving their testimony to the scientific world, of the successful repetition of an operation hitherto believed to be impossible. ”

“ The opportunity for cross-examination, for finding out the bias of the witness, the advantage or disadvantage of his point of observation, the accuracy or inaccuracy in his recollection of the details of what he saw, are all means of reaching the real truth that the introduction of hearsay evidence would entirely exclude. ”

“ There are two kinds of evidence, as you have learned—circumstantial and direct evidence—and yet, after all, nearly all evidence is circumstantial. You may not have read it, but any lawyer at the bar will remember reading of the incidents or illustrations by Wharton and other writers, in which they say that nearly all evidence is circumstantial. Even if you are looking at a man holding a pistol, and see him fire it at another, and see the man drop—that is all circumstantial. ”

“ A sufficient definition of evidence or proof does not exist because no bounds have been set to the meaning of “Proved.” All disciplines furnish examples of the fact that things for a long time had probable validity, later indubitable validity; that again some things were considered proved and were later shown to be incorrect, and that many things at one time wobbly are in various places, and even among particular persons, supposed to be at the limits of probability and proof. ”

“ They are inferences from inferences; presumptions resting on the basis of another presumption. Such a mode of arriving at a conclusion of fact is generally, if not universally, inadmissible. No inference of fact or of law is reliable drawn from premises which are uncertain. Whenever circumstantial evidence is relied upon to prove a fact, the circumstances must be proved, and not themselves presumed. ”