As the manner of their Deaths, renders it impossible to prove which of the two was the longest liven, 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 where 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 Evid. A Vive Vore Evid. may be mistaken, may be deceived or may wickedly inferred to deceive others, but Circumstances cannot lie. The Facts proved. All were drown'd together. Mrs. Banks was found the farthest from the Place they enter'd 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 a violent Presumption, that the child being the weakest, could not resist the Violence of the Stream so long as the Boy. & therefore being sooner drown'd, was sooner fill'd with Water, & the lighter, of course sooner sunk, the Boy according to his Strength kept up longer.