Prima facie evidence

“ The rule of common sense is primâ facie to trust a witness in all matters, in which neither his self-interest, his passions, his prejudices, nor that love of the marvellous, which is inherent to a greater or less degree in all mankind, are strongly concerned; and, when they are involved, to require corroborative evidence in exact proportion to the contravention of probability by the thing testified. ”

“ As, for example, footprints in the snow, are proof to an observer of them that someone has been where the snow lies since it fell, although the observer has not seen any person there. The marks in the snow are circumstantial evidence that he is correct in his conclusion. Direct evidence is the testimony of a witness to what he has seen, felt, or known by his own senses. ”

“ 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 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. ”

“ 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. ”

“ 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. ”

“ Unfortunately, however, no amount of negative evidence is sufficient to prove an affirmative, though it may suffice to establish a strong presumption in favour of a particular view, and, at all events, clears the way for the production of any direct evidence which we may have. ”

“ Well, gentlemen, the evidence of circumstances is just as good as any other evidence, and very often it is far more reliable and far less subject to be vitiated by improper influences than ocular and oral testimony. ”

“ 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. ”

“ 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. ”

“ In common affairs, where nothing is asserted but what is probable, and possible, according to the usual course of nature, a reasonable degree of evidence ought to determine every man: for the very probability, or possibility of the thing, is an support to the evidence; and in such cases we have no doubt but a man's senses qualify him to be a witness. ”

“ 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. ”

“ I adopt Mr. Darwin's hypothesis, therefore, subject to the production of proof that physiological species may be produced by selective breeding; just as a physical philosopher may accept the undulatory theory of light, subject to the proof of the existence of the hypothetical ether; or as the chemist adopts the atomic theory, subject to the proof of the existence of atoms; and for exactly the same reasons, namely, that it has an immense amount of primâ facie probability; that it is the only means at present within reach of reducing the chaos of observed facts to order; ”

“ 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. ”

“ 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. ”

“ 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 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 ”

“ Were not these, I say, discovered by experience to be qualities, inherent in human nature, we should never repose the least confidence in human testimony. A man delirious, or noted for falsehood and villany, has no manner of authority with us.
And as the evidence, derived from witnesses and human testimony, is founded on past experience, so it varies with the experience, and is regarded either as a proof or a probability, according as the conjunction between any particular kind of report and any kind of object has been found to be constant or variable. ”

“ 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. ”

“ 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. ”

“ 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 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. ”

“ Other examples of a like character are found in statements as to weight, height, distance, speed, and the like, as to which men of common powers of observation, who are not strictly experts, are, because of convenience and necessity and the probability of reasonable and ordinary accuracy, commonly permitted to give their own judgment and conclusions as evidence. ”

“ The circumstantial evidence may be better and more convincing than the testimonial evidence; for it may be impossible, under the conditions that I have defined, to suppose that the man met his death from any cause but the violent blow of an axe wielded by another man. The circumstantial evidence in favour of a murder having been committed, in that case, is as complete and as convincing as evidence can be. It is evidence which is open to no doubt and to no falsification. ”

“ 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. ”

“ 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. ”

“ For the practical purposes of argument we may let the distinction between observation and inference, and consequently that between direct and indirect evidence, turn on whether the inference is a conscious and readily distinguishable part of the judgment or not. Though bringing to light an unconscious inference is often an essential part of the detection of false reasoning, where there is no such practical consequence, we need not be too curious here about the line between direct observation and inference from observation. ”

“ 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. ”

“ In trials of fact, by oral testimony, the proper inquiry is not whether it is possible that the testimony may be false, but whether there is sufficient probability that it is true. ”

“ The evidence, in full civilisation, ancient and modern, of educated and even sceptical witnesses to phenomena, which are usually grotesque, but are always the same everywhere, in every age and land, and the constant attendance of these phenomena on persons of a peculiar temperament, are our stumbling-blocks on the path to absolute negation. ”

“ Psychology can now give the general principles in this matter. Witnesses go on the stand and swear to all sorts of things as to what they heard and saw and did, often months and even years previously. The expert clinical psychologist can tell the court the probability of such evidence being true. Experiments have shown that there is a large per centage of error in such evidence. The additional value that comes from the oath has been measured. The oath increases the liability of truth only a small percentage. ”

“ Throughout, we hope to depend on testimony; and in every case we have to beware of the many modes in which evidence may be vitiated—have to estimate its worth when it has been discounted in various ways; and have to take care that our conclusions do not depend upon any particular class of facts gathered from any particular place or time. ”

“ 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. ”

“ We have, therefore, to assume that their perceptions will vary with the number and manner of their accomplishments, and we may almost convince ourselves that each examinee who has to give evidence concerning his sense-perception should literally undergo examination to make clear his scholarly status and thereby the value of his testimony. ”

“ The witness who gives evidence merely from memory, and not from the knowledge of the case then present to his mind, may tell a straight story, but one not so straight will often better secure belief. The skilful lawyer can generally detect in the perfection of the story the vice of the 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. ”

“ Many persons do not know how to observe; and at times some are deceived by their own eyes or ears. It is a sad fact that both those organs are easily deceived. The student who is in doubt regarding the composition of evidence will do well to spend a few days in court listening to the trial of an important and hotly contested case. In collecting real evidence, all is not gold that glitters. ”

“ If a man sees a boy steal a bag of apples from the orchard across the way, his evidence is direct. If instead, he only sees him with an empty bag and later with a full one, the evidence will be indirect. If you testify that early in the evening you saw a tramp enter a barn which later in the evening caught fire, your testimony as regards the cause of the fire would be indirect evidence against the tramp. ”