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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.

February, 1845.—14

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Absence,

presumption of death from, 190. 239.
Acceptance of goods, 27.
Acquiescence in possession, 105. 142.
Acting,

presumptions from, 76.
Acts of parliament

may be presumed, 145,
Administrator, 28. 77.
Admissibility of presumptive evidence,
33.

Admissions against interest,
are primary evidence against the party

making them, 36. 180.
not conclusive unless under seal, 187.
by accused persons, 33. 212.

(See also Confessorial Evidence,)
Admittance to copyhold

may be presumed, 145.
Ad quod damnum, writs of,

presumable from long possession, 145.
Adultery,

when inadmissible to disprove legiti-
macy, 71.
proof of, 270.

continuance of, presumed, 55. 186.
Adverse possession, 104.
Advoieson, 107, 108.
Affidavit of rent due,

may be presumed, 80.
Affirmative. (See Onus probandi.)
Agreement. (See Contract.')
Alehouse. (See License.)
Ambiguity, 67. 80.
Amity,

presumed among nations, 235.
Ancient documents, 81. 224. (See Pre-
sumption.)
Antecedent preparations,

presumption of guilt from, 310.
Appraisement,

presumed to be at the best price,
Arsenic,

poisoning by, 259. 279.

chemical tests of, id.
Arson, 176. 247.
Artificial presumptions. (See Presump
tions.)

objectionable in criminal cases, 250.
Artificial rules of evidence, 34.
Assignees of bankrupt,

appointment of, must be proved, 77.

Assignment
of chattels, 178.

presumption of mesne assignments, 75.
146.

Attendant terms,
presumption of the surrender of, 153—
168.

Attesting witness,

evidence of, when dispensed with, 81.
Attorney,

presumption of appointment, 76.
presumption of course of practice in
office of, 184.
ittornment, 28.
Award,

presumptions in favour of, 80.

Bankruptcy.
petitioning creditor's debt,—proof of

time of existence of, 181.
presumption after a year from issuing
of fiat that all creditors have proved
their debts, 185.
Barratry,
presumption against, 65.
proof of, 212.

particulars of charge in, 212.
Belief of jurors. (See Jurors.)
Beneficial enjoyment,

presumptions in favour of, 144—169.
Benefit,

presumption of willingness to accept,
178.
Bigamy,
presumption against, 59—61.
actual marriage must be proved, 70.
Bills of exchange and promissory notes,
consideration for, presumed, 29. 243.
presumed to be made on the day they
bear date, 181.

Birth,

presumption of domicil from place of,
235.

Bye-laws of corporations,
presumption of, 145.

Carriage-way, 242.

Casual presumptions, 56, 57.

Certainty, 1.

Certificate,

presumption in favour of, 78.
Change of life and circumstances,

presumptions from, 41. 315, 316.

Character of parties to judicial proceed-
ings,

evidence of, when receivable, 6tc. 211
—216.
Charity,

no presumption against money being
given to, 149.
Churchwarden,

custom presumed respecting, 78.
Circumstantial evidence, 12. 246.
Club,

members of, presumed to know the
rules of, 180.
Cohabitation,

presumption arising from, 70.
Collateral facts
presumed to give validity to instru
ments, 84.
Commissioners for taking affidavits,
presumption of appointment of, 76.
Common carriers, 244.
Common, right of,
claimable by prescription at common

law, 88.
or by lost grant, 102.
since 2 & 3 WilL 4, c. 71; 117. 122.
125. 128.
Common, tenant in,

prescription to hold as, 88.
Comparison,

proof of handwriting by, 221.
Conclusive presumptions, 20.
Confessorial evidence in criminal cases,

327—344.
Conflicting presumptions, 52—61.
rules respecting, 53—61.
special presumptions take precedence

of general ones, 53—56.
natural presumptions stronger than

casual, 56, 57.
presumptions which give validity to

acts favoured, 57, 58.
presumption of innocence favoured, 58
—61.

Consecration of chapel,

when presumed, 146.
Consent of ordinary,

presumable, 145.
Consequences presumed to be intended

from acts, 176, 177.
Consideration, presumption of,

in specialties, 21. 243.

in simple contracts, 243.

in bills and notes, 29. 184. 243.
Conspiracy to levy war,

presumption of treason from, 177.
Constable,

presumption of due appointment of, 76,
77.

Construction of instruments, 67, 68, 85.
Contempt of court,
presumption against, 64.

Continuance,
presumption of the continuance of
things in their existing state, 186
—202.
Contract,
presumptions relating to, 243—245.
evidence of, 33, 35.
presumption of, from acts, 178.
evidence of usage to explain, 180, 181.
foreign, presumed to be made accord-
ing to lex loci contractus, 236.
Contracts made abroad,

presumptions in favour of, 236.
Conveyance,

presumption of, 144—168.
Convictions by magistrates,

presumption not made in favour of, 78.
Copyhold,
presumption of enfranchisement of,
109. 145.
admitance to, 145.
surrender of, 145.
Copyhold custom,

when presumable, 145.
Copyholder,

prescription by, 90.
Corporate officers, 69.
Corpus delicti, proof of,
in general, 2ti9—282.
by confession, 328. 330.
Counterfeit note,

uttering, 248.
Coverture,

not presumed, 29.
Criminal cases,
presumptive proof in, 246—344.
theory and rules of presumptive proof,
246—293.
division of judicial evidence into di-
rect and circumstantial, 246.
presumptive evidence in criminal
cases, 247.
probative force of a chain of
presumptive evidence, 247
—249.

rules of evidence the same in
civil and criminal proceed-
ings, 249.

presumptive proof not less con-
vincing than direct, 249,
250.

true principles of presumptive
proof frequently misunder-
stood, 250—254.
direct and presumptive evidence
compared in respect of
probative force, 254—257.
principles of proof in criminal
cases, 257.
examples of presumptive proof,
258—267.
rules of presumptive proof, 269.

Criminal casescontinued,

1. The onus of proving every

thing essential to the guilt
of the accused lies on the
prosecutor, 267.

2. There must be clear and un-

equivocal proof of the cor-
pus delicti, 269—282.

3. Every hypothesis, except

that of the guiltof accused,
should be excluded to a
moral certainty, 282—287.

4. The hypothesis of delinquen-

cy must be consistent with
all the facts proved, 287
—289.

5. Presumptive evidence not to

be relied on, when direct
evidence is wilfully with-
held, 289, 290.

6. In cases of doubt, safer to

acquit than condemn, 290
—293.

examination of some of the principal
species of presumptive proof
in criminal cases, 294—344.

I. Real evidence, or evidence

from things, 295—309.

II. Motives, means and opportu-

nities to commit the of-
fence, 309.

III. Antecedent preparations and

previous attempts, 310.

IV. Declarations of intention and

threats, 313, 314.

V. Sudden change of life or cir-

cumstances, 315.

VI. Presumption of guilt derived

from silence under accusa-
tion, evasive responsion,
giving false answers, and
suppression or fabrication
of evidence, 316—320.

VII. Evasion of justice, 320.
VIII. Fear indicated by passive

deportment, 324.
XI. Fear indicated by a desire

for secrecy, 326.
X. Confessorial evidence, 327—
344.

Criminal conversation, 70. 212.
Crown,

no prescription against, at common
law, 89.

presumption of grant from crown, 107.
109. 145.

Darned in the prescription acts, 2 & 3
Will. 4, cc. 71 and 100; 117.131.
Custom,

how differing from prescription, 90.
(See Prescription.)

Date,

document presumed to be made on day

of, 181,182.
exception—petitioning creditor's debt,
181.

Death,
presumption of, 59. 61.

from seven years' absence, 190.
from shorter period accompanied by

circumstances, 192.
from loss of ship, 238.
(See Life, Survivor.')
Death of remote ancestors without issue,

presumable after lapse of time, 146.
Debts,

presumption of continuance of, 187.
(See Payment, Release.)
Declarations of intention,

presumption of guilt from, 313, 314.
Dedication of highway to the public,

presumption of, 133—137.
Deed,

sealing and delivering when presumed,
75. 81.

thirty years old proves itself, 81.
unless erased, 86.

(See Revocation, Spoliator, Stamp,
Inrolment, Interlineations, Era-
sures, Construction.)
Default,

judgment by, 79.
Delay in voyage,

presumption against, 239.
Delivery of deed,

presumption of, 75. 81.181.
Delivery of goods,

presumption from, 67.
Depositions before magistrates,

presumed to be taken in writing, 69.
Destruction of evidence. (See Spoliator.)
Deviation,

presumption against, 239.
Direct evidence, 12.
Disclaimer, 178.
Discontinuance,

presumption against, 67. 72.
Dishonour, notice of, 182.
Disseisin,
presumption against, 72.
fiction in cases of, 27.
Disseverance of tithes,

presumable, 145.
Distress, 25. 69. 170.
Divorce a mensa et thoro

rebuts presumption of legitimacy, 71.
Domicil,

presumptions relative to, 235, 236.
Dower, 25. 64.
Drift-way,

presumptive evidence of, 242.
Duty,

presumption of the discharge of, 68.

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