Difference between revisions of ".MzIzMDk.MTEwNzgw"

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(Created page with "As the manner of their deaths, renders it impossible to prove [illegible] of the [illegible] was the longest liver, by positive evidence, the best that can be had must govern,...")
 
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As the manner of their deaths, renders it impossible to prove [illegible] of the [illegible] was the longest liver, by positive evidence, the best that can be had must govern, and that is presumption from circumstances. It seems to be a good rule, that we're certain facts are given or are proved, and out of those facts, such circumstances arise, as afford a violent presumption, such should be taken as positive evidence. Viva voce evidence may be mistaken, may be deceived or may wickedly intend to deceive others, but circumstances cannot lie. The facts proved. -- all were found together. -- Mrs. Banks was found the farthest from the place they entered at. -- the child who was the smallest and weakest, nearest. -- and the boy who was larger and stronger, still farther down the river than the child. From these circumstances, proved, arises of violent presumption, that the child being the weakest, could not [resist?] the violence of the stream so long as the boy. And therefore being sooner drowned, was sooner filled with water, and this later, of course sooner [illegible], the boy according to his strength [illegible] up longer. As to Mrs. Banks, tis not impossible but that she might swim some distance downstream, or might be kept up by her clothes sometime before she was drowned; or if she could not swim, she had more strength to struggle longer, and when drowned and filled with water, must [illegible], from the known [saws?] Of [illegible], sink sooner than a lighter body, We expect that in the defense they will, attempt first to words are crossed out convince the jury that Mrs. Banks was first drowned, though the strongest. For that she might [illegible] susceptible of fear, or being most sensible of danger, was soonest frightened, and soonest drowned; and supporting her body to be more [illegible] than the others, was most [illegible], and wants there for swim longest. How these suppositions will way with the presumptions arising as above, you will judge. Should the daughter be judged to be the longest liver, some of Banks's family, will be [illegible] to her. The other part of their defense, will be, that J. Robinson asked as soon as [illegible] to Banks when the Negroes were sold as his [illegible] and not then mentioning his/expected/claim, he has given it up and can't now recover, and perhaps may cite a case, where an heir apparent was [illegible] to or was a witness to a conveyance of the [illegible]. He expected, if not making claim, was judged to have forfeited.
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Revision as of 04:12, 27 June 2020

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