Corroboration

“ All elements of the offense must be established by independent evidence or corroborated admissions, but one available mode of corroboration is for the independent evidence to bolster the confession itself and thereby prove the offense 'through' the statements of the accused. ”

“ Above all things, in a case of this kind, you are to see whether that statement is corroborated substantially and reliably by the proven facts. If so, it is strengthened to the extent of its corroboration. ”

“ In short, corroboration has been an essential element in our past hearsay cases, and there is no justification for a categorical refusal to consider it here.
Our Fourth Amendment cases are also premised upon the idea that corroboration is a legitimate indicator of reliability. We have long held that corroboration is an essential element in determining whether police may act on the basis of an informant's tip, for the simple reason that "because an informant is shown to be right about some things, he is probably right about other facts that he has alleged." ”

“ There are just such people. In this case, for instance, in Mr. Brady's matter, they say that the fact of Walsh being in his house is important. Suppose that he was, what of it? Is that corroboration? Corroboration must be on the very point in dispute. It must be the very hinge of the question. Then it is corroboration, if the question is what did the man say. It is not corroboration to prove that the man was there unless the man swears that he was not there. Then the inference is drawn that if he would lie about being there he might lie about what he said. ”

“ A certain learned and eminent man of science has made a statement, which the police have not merely accepted but have, in practice, extended beyond its original meaning. That statement is as follows: 'A complete, or nearly complete, accordance between two prints of a single finger ... affords evidence requiring no corroboration, that the persons from whom they were made are the same.'
"That statement, gentlemen, is in the highest degree misleading, and ought not to have been made without due warning and qualification. ”

“ Where relevant and non-privileged facts remain hidden in an attorney's file and where production of those facts is essentia to the preparation of one's case, discovery may properly be had. Such written statements and documents might, under certain circumstances, be admissible in evidence or give clues as to the existence or location of relevant facts. Or they might be useful for purposes of impeachment or corroboration. And production might be justified where the witnesses are no longer available or can be reached only with difficulty. ”

“ Given the principle, for cases involving hearsay statements that do not come within one of the traditional hearsay exceptions, that admissibility depends upon finding particular guarantees of trustworthiness in each case, it is difficult to state rules of general application. I believe the Court recognizes this. The majority errs, in my view, by adopting a rule that corroboration of the statement by other evidence is an impermissible part of the trustworthiness inquiry. ”

“ The requirement is satisfied 'if the corroboration merely fortifies the truth of the confession, without independently establishing the crime charged * * *.' Ibid; see also Opper v. United States, 348 U.S. 84, 75 S.Ct. 158, 99 L.Ed. 101 (1954) . ”

“ “and much the same thing I have heard from persons in pursuits different from yours—from the lawyer, from the congressman, from the editor, not to mention others, each, with a strange kind of melancholy vanity, claiming for his vocation the distinction of affording the surest inlets to the conviction that man is no better than he should be. All of which testimony, if reliable, would, by mutual corroboration, justify some disturbance in a good man’s mind. ”

“ and that the Four Evangelists should be admitted in corroboration of each other, as readily as Josephus and Tacitus, or Polybius and Livy.51
[pg 024] § 29. ”

“ If anything, I should think that corroborating evidence in the form of testimony or physical evidence, apart from the narrow circumstances in which the statement was made, would be a preferred means of determining a statement's reliability for purposes of the Confrontation Clause, for the simple reason that, unlike other indicators of trustworthiness, corroborating evidence can be addressed by the defendant and assessed by the trial court in an objective and critical way. ”

“ As there is an entire absence from the record of the oral and documentary evidence upon which the court below acted, except so far as the same may be shown by the opinion of the court, or may be contained in the statement of facts, it follows that the record does not enable us to review the facts, and we proceed to dispose of the legal propositions urged for reversal in the light of the facts as stated and as elucidated in the opinion of the court. ”

“ 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. ”

“ In charges of conspiracy, after evidence has been given of the existence of the plot, and of the connexion of the accused with it, the charge against one conspirator may be supported by evidence of anything done, written, or said, not only by him, but by any other of the conspirators, in furtherance of the common purpose. On the other hand, a statement made by one conspirator, not in execution of the common purpose, but in narration of some event forming part of the conspiracy, would be treated, not as part of the “transaction,” but as a statement excluded by the hearsay rule. ”

“ It is ridiculous to say nothing to the proofs which we have, but to ask for proofs which it is impossible for us to have; to disregard the recollection of men, and to appeal to the memory of documents; and when you have the conscientious evidence of a most honorable man, the oath and good faith of a most respectable municipality, to reject those things which can not by any possibility be tampered with, and to demand documentary evidence, tho you say at the same moment that that is constantly played tricks with. ”

“ In giving hearsay evidence, for example, he may suggest a new and important witness of whom the counsel for the other side would not otherwise have heard, and who can then be brought into court. By some unguarded and apparently irrelevant statement he may open an entirely new line of inquiry, or throw upon the case a flood of light. Everyone knows what revelations are sometimes evoked by apparently the most insignificant remarks. Why should justice be denied a chance to profit that way? ”

“ I understand that the credit of a witness may be impeached, 1st. By the results of a cross-examination. 2d, By witnesses called to disprove such of the facts stated by the witness whether in his direct or cross examination, as are material to the issue. 3d, By evidence reflecting upon the character of the witness for veracity. Under this the evidence must be confined to general reputation, and particular facts will not be permitted, for the law presumes every one to be capable of supporting the one, and that it is not likely that a witness, without notice, will be prepared to answer the other. ”

“ Then the witness listened to the reading of his evidence, signed it, bowed and withdrew.
"Why," I asked, "do you not record the evidence as it is given you instead of translating it into words never used by the witness?"
Monsieur Thomas gazed at me with astonishment and replied calmly:
"I do not understand your meaning. I record the evidence as faithfully as possible. Every magistrate does. And in all the law reports there is not a single instance of evidence having been altered or distorted by a judge. ”

“ Before we examine that testimony, we are called upon to determine whether the matters referred to in these treasury transcripts and abstracts are, in law, conclusive upon the defendants, and fix their liability beyond all controversy, like unto a judicial sentence or other legal estoppel, or whether, allowing them to be free from the objections we have interposed to their admissibility, they are to be taken as mere prima facie evidence, and like all prima facie or presumptive evidence may be rebutted by other contradictory proofs, or attacked for fraud and imposition. ”

“ Is there anything in the Constitution which expressly makes findings of fact by a jury of inexperienced laymen, if supported by substantial evidence, conclusive, that prohibits Congress making findings of fact by a highly trained and especially qualified administrative agency likewise conclusive, provided they are supported by substantial evidence?' 11 F.Supp. ”

“ XXVI. That all witnesses, coming, or called, to testify their knowledge in or to any matter or thing, in any court, or before any lawful authority, within the said province, shall there give or deliver in their evidence, or testimony, by solemnly promising to speak the truth, the whole truth, and nothing but the truth, to the matter, or thing in question. And in case any person so called to evidence, shall be convicted of wilful falsehood, such person shall suffer and undergo such damage or penalty, as the person, or persons, against whom he or she bore false witness, did, or should, undergo ”

“ We do not say that keeping back property from an assignment is alone evidence of fraud-our opinion is founded on all the circumstances of the case which are in evidence, of which one of great weight in our minds is the entire want of any attempt at explanation of matters which throw the burden of proof on the defendants. It is a bold requisition on a jury to make presumptions of facts merely from papers which contain only the declarations and recitals of the party who makes them, where direct proofs of the facts can be made if the parties desired to make it. ”

“ 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. ”

“ Concerning himself, the judge must continually remember that his business is not to fit all testimony to the already furnished confession, allowing the evidence to serve as mere decoration to the latter, but that it is his business to establish his proof by means of the confession, and by means of the other evidence, independently. The legislators of contemporary civilization have started with the proper presupposition—that also false confessions are made,—and who of us has not heard such? ”

“ Every party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. In rule making or determining claims for money or benefits or applications for initial licenses any agency may, where the interest of any party will not be prejudiced thereby, adopt procedures for the submission of all or part of the evidence in written form. ”

“ On the threshold of our inquiry we are met by a most singular and startling fact. As to what passed on the trial of the conspirators, what evidence was produced against them, how it was supported,—nay, even how the tale of their enterprise was told—we have no information upon which any reliance can be placed. One version alone has come down to us of the proceedings upon this occasion—that published "by authority"—and of this we can be sure only that it is utterly untrustworthy. ”

“ In an action by ordinary proceedings, and in an action by equitable proceedings, tried in whole or in part on oral testimony, all proper entries made by the clerk, and all papers pertaining to the cause and filed therein, except subpoenas, depositions, and other papers which are used as mere evidence, are to be deemed part of the record. But in an action by equitable proceedings, tried upon written testimony, the depositions, and all papers which were used as evidence, are to be certified up to the supreme court, and shall be so certified, not by transcript, but in the original form. ”

“ Some of the lies sent forth on the wings of the Press are hereby nailed to the counter, and it is to be hoped that yourself, or your Society, will at once disprove, by any means at your disposal, charges which, if not so disproved, clearly show that your evidence in connection with these matters is discredited and untrustworthy, and that no one will be justified in paying attention to any statement of yours, unless supported by evidence that has not been purchased or invented. ”

“ In this labyrinth of conflicting statements, one leading fact appears to guide us, and that is, while the one class of witnesses seeks by oral evidence not only to create a valid title, in the absence of archive evidence, but contrary to it, the testimony of the other class, on the contrary, is fortified by archive evidence, and is in harmony with it from beginning to end. ”

“ A conspiracy may be established by circumstantial evidence, the same as any other fact, and such evidence is legal and competent for that purpose; so whether an act which was committed was done by a member of a conspiracy, may be established by circumstantial evidence, whether the identity of the individual who committed the act be established or not; and also whether the act done was in pursuance and furtherance of a common design, may be ascertained from the same class of evidence ”