An Essay in Aid of a Grammar of AssentNewman, John Henry
Religion
An Essay in Aid of a Grammar of Assent
Newman, John Henry
Faith; Theism
After observing that by circumstantial evidence he meant a case in
which “the facts do not directly prove the actual crime, but lead to
the conclusion that the prisoner committed that crime,” he went on
to disclaim the suggestion, made by counsel in the case, that the
Jury could not pronounce a verdict of _guilty_, unless they were as
much satisfied that the prisoner did the deed as if they had seen him
commit it. “That is not the certainty,” he said, “which is required
of you to discharge your duty to the prisoner, whose safety is in
your hands.” Then he stated what was the “degree of certainty,” that
is, of certainty or perfection of proof, which was necessary to the
question, “involving as it did the life of the prisoner at the bar,”—it
was such as that “with which,” he said, “you decide upon and conclude
your own most important transactions in life. Take the facts which
are proved before you, separate those you believe from those which
you do not believe, and all the conclusions that naturally and almost
necessarily result from those facts, you may confide in as much as in
the facts themselves. The case on the part of the prosecution is the
_story_ of the murder, told by the _different_ witnesses, who _unfold
the circumstances one after another_, according to their occurrence,
together with the _gradual_ discovery of some apparent connexion
between the property that was lost, and the possession of it by the
prisoner.”
Now here I observe, that whereas the conclusion which is contemplated
by the Judge, is what may be pronounced (on the whole, and considering
all things, and judging reasonably) a proved or certain conclusion,
that is, a conclusion of the truth of the allegation against the
prisoner, or of the fact of his guilt, on the other hand, the _motiva_
constituting this reasonable, rational proof, and this satisfactory
certitude, needed not, according to him, to be stronger than those on
which we prudently act on matters of important interest to ourselves,
that is, probable reasons viewed in their convergence and combination.
And whereas the certitude is viewed by the Judge as following on
converging probabilities, which constitute a real, though only a
reasonable, not an argumentative, proof, so it will be observed in this
particular instance, that, in illustration of the general doctrine
which I have laid down, the process is one of “line upon line, and
letter upon letter,” of various details accumulating and of deductions
fitting in to each other; for, in the Judge’s words, there was a
story—and that not told right out and by one witness, but taken up
and handed on from witness to witness—gradually unfolded, and tending
to a proof, which of course might have been ten times stronger than
it was, but was still a proof for all that, and sufficient for its
conclusion,—just as we see that two straight lines are meeting, and are
certain they will meet at a given distance, though we do not actually
see the junction.
Public-domain text, read in full here on John Shaqi.
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