circumstantial evidence

Whenever circumstantial evidence is relied on to prove a fact, the circumstances must be proved and not themselves presumed.

The proof of certain facts and circumstances in a given case from which the jury may infer other connected facts which uusally and reasonably follow according to the common experience of mankind. 272 111. 179. That which is applied to the principal fact indirectly, or through the medium of other facts, by establishing certain circumstances or minor facts from which the principal fact is gathered by a process of inference. See 3 Benth. Jud. Ev. 2, 5. The process by which a fact not directly known is inferred from known facts or circumstances. 1 Starkie, Ev. 18. The terms "circumstantial" and "presumptive" are often used interchangeably to denote the same kind of evidence, but in strictness this is not correct. Presumptive evidence is a species of circumstantial evidence, though so large a species as to be almost coextensive with its genus. Evidence may be circumstantial without being presumptive, either because it fails to raise a presumption, or because the inference to which it gives rise is stronger than mere presumption. Burrill, Circ. Ev. 76. Circumstantial evidence is of two kinds, namely: certain, or that from which the conclusion in question necessarily follows; and uncertain, or that from which the conclusion does not necessarily follow, but is probable only, and is obtained by process of reasoning. 127 111. 520.

See Evidence.

Evidence derived distinguished from direct and positive the way of inference from circumstances mentative, indirect or inferential evidence, respects to those of the exclusive jurisdiction (now writ does not run; and they of the Cinque Ports, who They are Dover, Sandwich, called in the old books, Heya), to which Winchelsea In old English law. The of Eenders. paid to the bishop or archof a church. law. A tribute paid to the kingdom, into judicial disfrom district to district for held in such districts by courts, by a member of the a circuit judge, and district by a circuit judge. containing a statement of assizes will be held, and with the assizes. around; a round-about is to be avoided.; an indirect mode of pronecessary where justice could old books circuit of action. to internal evidence, is bepersons. The sentence of a judge, a proof ought to have been bringing forward any further relative fact; a' fact standing from which, when proved, inferred or presumed. from circumstances, aa proof; evidence operating in; sometimes called arguand sometimes from the

Evidence directed to the attending circumstances; evidence which inferentially proves the principal fact by establishing a condition of surrounding and limiting circumstances, — whose existence is a premise from which the existence of the principal fact may be concluded by necessary laws of reasoning. When the existence of any fact is attested by witnesses, as having come under the cognizance of their senses, or is stated in documents, the genuineness and veracity of which there seems no reason to question, the evidence of that fact is said to be direct or positive. When, on the contrary, the existence of the principal fact is only inferred from one or more circumstances which have been established directly, the evidence is said to be circumstantial. And when the existence of the principal fact does not follow from the evidentiary facts as a necessary consequence of the law of nature, but is deduced from them by a process of probable reasoning, the evidence and proof are said to be presumptive. Best, Pres. 246; Id. 12. All presumptive evidence is circumstantial, because necessarily derived from or made up of circumstances, but all circumstantial evidence is not presumptive, that is, it does not operate in the way of presumption, being sometimes of a higher grade, and leading to necessary conclusions, instead of probable ones. Burrill.

Evidence derived from circumstances, as distinguished from direct and positive proof.* It IS also ca Ued [presumptive evidence, and the doctrine founded on it] the doctrine of presumptions, because where the fact itself cannot be proved, it may be presumed from the proof of such circumstances as either necessarily, or usually, attend such facts. 3 £1. Cam. 371. 3 Siepk, Com. 614, 616, and note. See Presumptive Evidence, The term presumptive is frequently used as synonymous with circumstantial evidence, but it is not so used with strict accuracy. Wills an Circumst Evid. 26. Greenl, an Evid. § 13. According to Mr. Wills, circumstantial and presumptive evidence differ as genus and species. Wills an Evid, ub, sup. See Presumptive Evidence, The ffreat peculiarity of circumstantial evidence IS its indirect character, it being made to bear upon the principal fact in question, (the factum probandum,) though other and minor or collateral facts; a fact of this last kind being distinguished ss factum probans. See Factum probandum, Mr. Wills, indeed, considers circumstantial evidence to be of a nature identically the same with direct evidence, and what he observes in confirmation of this position is undoubtedly true, that cu to the minor facts themselves, the evidence by which they are to be established must be direct in its nature; but it is certainly not the less true that as to the principal fact, this same evidence is wholly indirect. The following distinctions made by Mr. Best, in his treatise on Presumptions of law and fact, may serve to illustrate more fully the nature of circumstantial evidence. When the existence of any fact is attested by witnesses, as having come under the cogmzance of their senses, or is stated in documents, the genuineness and veracity of which there seems no reason to question, the evidence of that fact is said to be direct or positive. When, on the contrary, the existence of the principal fact is only inferred from one or more circumstances which have been established directly, the evidence [of such principal fact] is said to be circumstanticU, And when the existence of the principal fact does not follow from the evidentiary facts as a necessary consequence of the law of nature, but is deduced from them by a pro* cess of probable reasoning, the evidence and proof are said to be presumptive. Best an Presumptions, 246. Id. 12. See Greenleafon Evidence, § 13. CIRCUMSTANTIBUS Tales de. See Tales de circumstantibus.