Substantial evidence

“ 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. ”

“ 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. ”

“ 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 ”

“ 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 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ Of the several articles of evidence, some will always be of more importance, some of less; and some may be of very little importance; but whether of little or of much, it is always desirable that all should be taken, and every the smallest portion counted for what it is worth. The discovery of truth is promoted by taking advantage of every thing which tends to throw light upon the subject of dispute. ”

“ 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. ”

“ Even where deliberate measures are taken to obtain valid evidence on any political or social question raised, by summoning witnesses of all classes and interests, there is difficulty in getting at the truth; because the circumstances of the inquiry tend of themselves to bring into sight some kinds of evidence, and to keep out of sight other kinds. ”

“ 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. ”

“ 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. ”

“ The importance of the facts testified, and their relations to the affairs of the soul, and the life to come, can make no difference in the principles or the mode of weighing the 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. ”

“ Other topics upon which the burden of proof has shifted are popular election of Senators, prohibition, League of Nations, self-determination of small nations, the study of vocations, civics, and current topics in schools, an all-year school term, higher salaries for teachers, the benefits of labor unions, Americanization of the foreign born.
Evidence. One of the best ways of proving a statement is by giving evidence of its truth. Evidence is made up of facts which support any proposition. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ An examination of the evidence-which need not be recited here-discloses no such error; and, on the contrary, leads us to the conclusion that the findings of the lower courts are in accordance with the greater weight of the testimony. ”

“ 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. ”

“ Remember, however, that the value of evidence is in this ratio: that direct evidence of a witness who knows of his own knowledge and observation in the particular case is more to be trusted than expert evidence based on general observation, and that both are worth more than that evidence which is the result of deduction and inference.
Qualifications of Witnesses.—In weighing the value of the testimony offered to prove your facts—testimony is those statements of the witness which make up his evidence—you must ask him certain questions. ”

“ 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. ”

“ 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." ”

“ Those who are accustomed to the laws of evidence must decide, in the first place, whether the man committed any breach of honour or honesty, and in the next whether these etchings are genuine, or were made for the occasion. ”

“ 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. ”

“ In the ordinary affairs of life we do not require nor expect demonstrative evidence, because it is inconsistent with the nature of matters of fact, and to insist on its production would be unreasonable and absurd. ”

“ 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. ”

“ 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. ”

“ 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. ”