CIRCUMSTANTIAL EVIDENCE. 183 



sand other particulars connected with individual conduct, and with 

 moral, social, and physical relations, afford materials for the deter- 

 mination of the judgment. 



We assume the existence of an inducing motive for the voluntary 

 acts of a rational agent as naturally and unhesitatingly as we look 

 for secondary causes in material phenomena. The predominant de- 

 sires of the mind are invariably followed by corresponding volitions 

 and actions. It is indispensable, therefore, that, in cases of imputed 

 guilt, we look at all the surrounding circumstances which connect 

 the supposed actor with other persons and things, and may have in- 

 fluenced his conduct. 



The passions are great casuists, and to enumerate the infinite 

 ways in which they had to act, even if it were possible, would not 

 be relevant, and would trespass upon a distinct department of moral 

 science. We must not, however, lay undue or even great stress 

 upon the existence of motives, which can never supersede the neces- 

 sity for precisely the same weight of proof as would be necessary in 

 the absence of evidence of such a stimulus. The external circum- 

 stances which seem to present motives, may never have operated on 

 the mind. Suspicion — too readily excited by unfavourable appear- 

 ances — is incompatible with that even state of mind which is indis- 

 pensable to correct and sober judgment. 



Neither must we expect to discover the existence of motives 

 which, on a just estimate of things, can be regarded as adequate. 

 It is of the very essence of moral weakness that it forms a mistaken 

 estimate of present good ; and there rrmst, therefore, be a want of 

 proportion between the objects of desire and the sacrifices made to 

 obtain them. 



The moral anatomist has, moreover, to encounter other and for- 

 midable difficulties in endeavouring to trace the invisible links 

 which connect actions with their impelling motives. The desire of 

 the approbation of our fellow men has a powerful, often a very aus- 

 picious, but sometimes a dangerous, influence upon the character. 

 Hence the human mind is subjected to the action of antagonist 

 principles, and the crafty are obliged to assume the semblance of 

 characteristics of which they are utterly destitute, the natural incli- 

 nation to truth being destroyed by overpowering inducements to 

 dissimulation. 



It would be impossible to enumerate the infinite variety of cir- 

 cumstantial evidentiary facts, which are necessarily as various as are 

 the modifications and combinations of events in actual life. " All 

 the acts of the party, all things that throw light on these acts, all 



