« AnteriorContinuar »
house of Samuel Ray, which, in a very short time, did kill the wife of the said Samuel; and that the cause of this examinant's malice against the said woman was because she refused to pay to this examinant twopence, *which she challenged to be due to her; r #ggg -i and that afterwards her said imp Sparrow killed the said *- * child of the said Samuel Ray. And this examinant confesseth, that as soon as she had received the said four imps from her said mother, the said imps spoke to this examinant, and told her she must deny God and Christ, which this examinant did then assent to."(a)
The confession of Rebecca West, taken before the said justices, 21st March, 1645:—" This examinant saith, that, about a month since, Anne Leach, Elizabeth Gooding, Hellen Clark, Anne West, and this examinant, met all together at the house of Elizabeth Clark, in Mannyntree, where they together spent some time in praying to their familiars, and every one of them went to prayers. Afterwards some of them read in a book; and this examinant saith, that forthwith their familiars appeared, and every one of them made their several propositions to those familiars, what every one of them desired to have effected. Saith, that first of all, the said Eitzabeth Clark desired of her spirit that Mr. Edwards might be met withal about the middle bridge, as he should be riding from Eastberryhoult, in Surrey; that his horse might be scared, and he thrown down, and never rise again. Saith, that the said Elizabeth Gooding desired of her spirit, that she might be avenged on Robert Tayler's horse, for that the said Robert suspected said Elizabeth Gooding for the killing of a horse of the said Robert formerly. That the said Hellen Clark desired of her spirit, that she might be revenged on two hogs in Misley-street, (being the place where the said Hellen lived,) one of the hogs to die presently, and the other to be taken lame. That Anne Leach desired of her spirit that a cow might be taken lame of a man's living in Mannyntree, but the name of the man this examinant cannot remember. Further, that the said Anne West, this examinant's mother desired of her spirit that she might be freed from all her enemies, and have no trouble. And this examinant saith, that she desired of her spirit that she might be revenged on Prudence, the wife of Thomas r #3gg , Hart, *and that the said Prudence might be taken lame *- J on her right side. And lastly, this examinant saith, that, having thus done, this examinant and the other five did appoint the next meeting to be at the said Elizabeth Gooding's house, and so departed all to their own homes."(6)
(a) 4 Howell's State Trials, p. 856. (A) lb. 840.
presumption of death from, 190. 239.
presumptions from, 76.
may be presumed, 145,
Admissions against interest,
making them, 36. 180.
(See also Confessorial Evidence,)
may be presumed, 145.
presumable from long possession, 145.
when inadmissible to disprove legiti-
continuance of, presumed, 55. 186.
may be presumed, 80.
presumed among nations, 235.
presumption of guilt from, 310.
presumed to be at the best price,
poisoning by, 259. 279.
chemical tests of, id.
objectionable in criminal cases, 250.
appointment of, must be proved, 77.
presumption of mesne assignments, 75.
evidence of, when dispensed with, 81.
presumption of appointment, 76.
presumptions in favour of, 80.
time of existence of, 181.
particulars of charge in, 212.
presumptions in favour of, 144—169.
presumption of willingness to accept,
presumption of domicil from place of,
Bye-laws of corporations,
Casual presumptions, 56, 57.
presumption in favour of, 78.
presumptions from, 41. 315, 316.
Character of parties to judicial proceed-
evidence of, when receivable, 6tc. 211
no presumption against money being
custom presumed respecting, 78.
members of, presumed to know the
presumption arising from, 70.
prescription to hold as, 88.
proof of handwriting by, 221.
of general ones, 53—56.
casual, 56, 57.
acts favoured, 57, 58.
Consecration of chapel,
when presumed, 146.
from acts, 176, 177.
in specialties, 21. 243.
in simple contracts, 243.
in bills and notes, 29. 184. 243.
presumption of treason from, 177.
presumption of due appointment of, 76,
Construction of instruments, 67, 68, 85.
presumptions in favour of, 236.
presumption of, 144—168.
presumption not made in favour of, 78.
when presumable, 145.
prescription by, 90.
not presumed, 29.
rules of evidence the same in
presumptive proof not less con-
true principles of presumptive
1. The onus of proving every
thing essential to the guilt
2. There must be clear and un-
equivocal proof of the cor-
3. Every hypothesis, except
that of the guiltof accused,
4. The hypothesis of delinquen-
cy must be consistent with
5. Presumptive evidence not to
be relied on, when direct
6. In cases of doubt, safer to
acquit than condemn, 290
examination of some of the principal
I. Real evidence, or evidence
from things, 295—309.
II. Motives, means and opportu-
nities to commit the of-
III. Antecedent preparations and
previous attempts, 310.
IV. Declarations of intention and
threats, 313, 314.
V. Sudden change of life or cir-
VI. Presumption of guilt derived
from silence under accusa-
VII. Evasion of justice, 320.
for secrecy, 326.
Criminal conversation, 70. 212.
no prescription against, at common
presumption of grant from crown, 107.
Darned in the prescription acts, 2 & 3
how differing from prescription, 90.
document presumed to be made on day
from seven years' absence, 190.
presumable after lapse of time, 146.
presumption of continuance of, 187.
presumption of guilt from, 313, 314.
presumption of, 133—137.
sealing and delivering when presumed,
thirty years old proves itself, 81.
(See Revocation, Spoliator, Stamp,
judgment by, 79.
presumption against, 239.
presumption of, 75. 81.181.
presumption from, 67.
presumed to be taken in writing, 69.
presumption against, 239.
presumption against, 67. 72.
rebuts presumption of legitimacy, 71.
presumptions relative to, 235, 236.
presumptive evidence of, 242.
presumption of the discharge of, 68.