The Gunpowder Plot and Lord Mounteagle's Letter, Being a Proof, with Moral Certitude, of the Authorship of the Document: Together with Some Account of the Whole Thirteen Gunpowder Conspirators, Including Guy FawkesSpink, Henry
History
The Gunpowder Plot and Lord Mounteagle's Letter, Being a Proof, with Moral Certitude, of the Authorship of the Document: Together with Some Account of the Whole Thirteen Gunpowder Conspirators, Including Guy Fawkes
Spink, Henry
Gunpowder Plot, 1605; Monteagle, William Parker, Baron, 1574 or 1575-1622
This _inference_ is drawn by a valid process of reasoning from a
relatively minor fact or minor facts already directly deposed to by a
witness, who may be a party interested in the case or cause, or a
stranger-witness, either friendly or hostile.
Hence, Circumstantial Evidence is _specially_ inferential and cumulative
in its nature. It denotes the resultant of a method of knowledge, which
has carried the Inquirer forward by successive stages of advancement.
It implies the _inferring_ of the unknown from the known; but from a known
which has been itself transmuted from the unknown, at some point of time
anterior to the making of the successive stage of advancement in the
knowledge of the facts sought to be proved, and vindicated by some rule of
Law.
* * * * *
The following interesting account of Evidence generally is from the pen of
Mr. Frank Pick, of Burton Lodge, York, a student of the Law:——
Evidence is the collective term used to denote the facts whereby some
proposition, statement, or conclusion is sought to be established or
confirmed.
While, as thus defined, the term Evidence primarily denotes the actual
_known_ facts themselves which form the basis or point of departure, it
connotes also a method or process in the development of those known facts
to a resultant fact or opinion: and the resultant fact or opinion so
obtained. The former is often styled _Testimony_.
This will be illustrated in Circumstantial Evidence, and in what is
commonly styled “Expert Evidence,” though better, “Evidence of Opinion,”
where a person from a consideration of certain facts not necessarily
expressed (being likewise one specially competent to form an opinion where
such certain facts are involved) gives an opinion which may be used as,
and for similar purposes with, evidence as above defined.
The value of evidence, _i.e._, the completeness and efficiency with which
it serves these ends, varies with, and the weight accorded to it in
judgment is determined from, a review of the character or quality of the
source whence these facts proceed; and the nature or proximity of the
relation which they bear to the proposition, statement, or conclusion to
be supported.
As regards the character or quality of its source, evidence is
distinguished into primary and secondary.
Primary Evidence is the witness or testimony of personal experience,
whether shown in the spoken or written word or by conduct. Or it may be
described as, on its positive side, the avowal or confession of fact of a
person present knowingly, at the manifestation, in consciousness of the
phenomenon to which the fact corresponds: on its negative side, as the
denial or negation of fact similarly conditioned.
Secondary Evidence comprises all the manifold degrees of nearness or
remoteness to primary evidence.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account