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Saturday, July 17, 2021

Circumstantial Evidence in Eighteenth Century America

Most [criminal trial] evidence in [in eighteenth century America] was direct; that is, people testified to facts which they observed directly. Circumstantial evidence, or inference from other observed facts, was less common. When used, it was of the [homespun] knowledge of farm, field, stream, and woods. A sweating horse in the barn was mute testimony that he had been ridden long and hard recently.

Thomas M. McDade, The Annals of Murder, 1961

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