External evidence

“ It is at least necessary to distinguish provisionally between a possibly historical framework and narratives which may be of later growth—between the general outlines which only external evidence can test and details which cannot be tested and appear isolated without any cause or devoid of any effect. ”

“ Yet, so crude is as yet the comprehension of the science of evidence, that every feature of the phenomenon under investigation is made equally important, and sought to be linked with the chain of evidence. To attempt to explain everything is always the mark of the tyro. ”

“ 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. ”

“ The other approach made by reason to see whether a theory is true or false is the experimental one, that of positive evidence. You test, by the positive evidence at your disposal, whether the thing affirmed has really taken place or not. ”

“ Skilled in the law yourself, thoroughly familiar, with the rules of evidence, it's more than possible that you might have reviewed matters and decided that there were things which, if they were known, would do harm instead of good—obscure the truth, perhaps ”

“ The second is, that whatever fact has to be proved, should be proved by the best evidence, by the actual document alleged, or by the man who has seen with his own eyes or heard with his own ears the things or the words asserted to have occurred. ”

“ 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. ”

“ 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. ”

“ The alterations in the minds of men, which the tendency of modern thought has effected in respect of evidence, may be summed up under two heads: First, the nature of the evidence required is altogether altered, and a great many arguments, that would in former days have gone to the jury, are now summarily suppressed. Fact can only be proved by facts, that is, by events, instances, things, which are submitted to experience and observation, and are confirmed by experiment and reason. ”

“ Sir, everything depends on our getting down to the root of the matter. What percentage of average evidence should you think is thorough, plain, simple, unvarnished fact, 'the truth, the whole truth, and nothing but the truth'? ”

“ The evidence in behalf of government by law, which has of late years been offered by science, is received by many of them with suspicion, perhaps with dislike; sentiments which, however, must eventually give way before the hourly-increasing weight of evidence. ”

“ Where the facts which you bring forward come from persons with first-hand knowledge of them, they are direct evidence; where you must establish them by reasoning from other facts they are indirect evidence, and in the latter case reasoning is an essential part of establishing the facts. ”

“ With this qualification, that human observation is always fallible, good direct evidence is on the whole the most convincing evidence that you can use. If you can establish a fact by the mouths of trustworthy witnesses, making your readers recognize that these witnesses had good opportunities of observation and a competent knowledge of the subject, you will generally establish your point. ”

“ In the establishment of a rule or law founded upon general truths, a number of examples bearing upon the subject under consideration are relied on as conclusive evidence, and by their use we are enabled to analyse reasons and deduce conclusions. ”

“ But my contention is, that no new principle of action has any claim to scientific acceptance, save upon evidence as complete and satisfactory as that which would be required in any other scientific investigation. ”

“ Evidence.+—We may reach belief in the truth of a specific statement by means of deductive reasoning. Commonly, however, when dealing with an actual state or occurrence, we present other facts or circumstances that show its existence. The facts presented may be those of experience, the testimony of witnesses, the opinion of those considered as experts in the subject, or a combination of circumstances known to have existed. To be of any value as arguments, they must be true, and they must be related to the fact that we are trying to prove. These true and pertinent facts we term evidence. ”

“ And often in the middle of our investigations, when new evidence continues to pour in, there comes a moment when it is desirable to look around and take stock, so to speak, to consider whether we can draw some general conclusions with safety, or in what direction the facts appear at this stage to be pointing. ”

“ Moreover, if we notice false observations and let them by, then, under certain circumstance, we are minus one important piece of evidence pro and con, and the whole case may be turned topsy turvy. At the very least a basis of development in the presentation of evidence is so excluded. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ If those whose business it is to judge are not at one as to the authenticity of the only evidence of that kind which is offered, nor as to the facts to which it bears witness, the discussion of such evidence is superfluous. ”

“ 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. ”

“ 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. ”

“ Only when the fact of communication is proved, will the real study of the subject begin. Much of the work, up to the present, has been undertaken with a view to establishing the reality of the facts. But this is a question of evidence, not scientific research. ”

“ In truth we have only shown that the particular relations, in the matter of length, breadth, number of nails, etc., agree, and hence we regard the positive part of the evidence as sufficient and neglect the whole troublesome negative part, which might establish the fact that at the time and in the region in question, nobody was or could be whose foot could accurately fit that particular footprint. ”

“ Yet they rested their conclusions upon the same abiding principle of evidence, the primary axiom of our entire social life—that there is a degree of human evidence which practically cannot deceive. "If we receive the witness of men." ”

“ They are both true; and when your men of science, with vain and hasty conceit, announce the discovery of disagreement between them, rely upon it the fault is not with the Witness or His records, but with the ‘worm’ who essays to interpret evidence which he does not understand. ”

“ 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. ”

“ 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. ”

“ A proposition of fact is proved, when its truth is established by competent and satisfactory evidence. By competent evidence, is meant such as the nature of the [pg 022] thing to be proved requires; and by satisfactory evidence, is meant that amount of proof, which ordinarily satisfies an unprejudiced mind, beyond any reasonable doubt. ”

“ In brief,—since they loiter about and make a profit out of it, it is no wonder that in giving evidence they also loaf and bring to light only approximate truth. Nor is it difficult to indicate analogous persons in the higher walks of life. ”

“ Thirdly, a sound and calm judgment, which will subject all inferences and generalisations, both one’s own and other people’s, to a searching review, and weigh in delicate scales their validity. These two last-mentioned qualifications taken together make up what we call the critical faculty, i.e. the power of dealing with evidence as tending to establish or discredit statements of fact, and those general conclusions which are built on the grouping of facts. Neither acuteness alone nor the judicial balance alone is enough to make the critic. ”

“ All these causes make it extremely difficult to arrive at what we should call truth as regards matters of fact—appearances alleged to have been seen, feats performed, or the occurrence of past events; and though there may be no prejudice against the possibility of them, it is wise—in cases where definite and unmistakable evidence is absent, to withhold the judgment either way, for or against their occurrence. ”

“ And in proportion to the greater chance of our detecting the inconclusiveness of our evidence, will be the increased reliance we are entitled to place in it if no such evidence of defect shall appear. ”

“ In the third place, a person who is trying to prove or disprove a proposition of fact must consider the direct evidence involved. Indirect evidence tends to establish the possibility or probability that a statement is true or false, while direct evidence asserts that it is true or false. ”

“ The question is, at last, simply one of evidence: what is fact, and what is not fact? Imperfect observations vitiate reasoning, and lead to erroneous conclusions in the workshop, on the farm, in the counting-room, the church, and the legislative ball, just as much as in the laboratory or the observatory. ”

“ Evidence is everywhere proclaimed as the proper test for truth; and he who enters the field of controversy to-day, whether he be the champion of scientific or of religious doctrine, must, if he wish to obtain a serious hearing, come equipped with evidence of the truth of what he propounds, and with evidence of the falsehood of what he refutes. ”

“ 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. ”

“ But the science of the Investigation of Truth by means of Evidence, is happily independent of many of the controversies which perplex the science of the ultimate constitution of the human mind, and is under no necessity of pushing the analysis of mental phenomenon to that extreme limit which alone ought to satisfy a metaphysician. ”

“ They are accustomed to look only for one species of evidence; a species of evidence of which the transactions of life do not admit. When they come from certainties to probabilities, from a syllogism to a witness, their superiority is at an end. ”

“ 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. ”

“ They can hold things as possible or probable in all degrees, without certainty and without pain. They can wait for evidence and weigh evidence, uninfluenced by the emphasis or confidence with which assertions are made on one side or the other. ”