The judge goes
on at great length about the weight of evidence. The weight of
evidence, he says, is the preponderance of proof and the preponderance
of evidence is the weight of evidence, and the man who has the burden
of proof must have the weight of evidence and the weight of evidence
being the preponderance of evidence is also upon the man who has the
burden of proof. And the preponderance of evidence does not mean proof
beyond a reasonable doubt, as in criminal actions, but that the proof
must be heavier on one side than the other and the one who has the
burden of proof must sustain the preponderance of evidence. That is
the law; the judge has said it. What it means the jury give up. The
lawyers nod their heads wisely. The judge has stated the law
correctly.
The judge may go on a little further and tell them more about the
burden of proof and the preponderance of evidence. He may say that the
weight of evidence does not mean the number of witnesses. The mere
fact that one side has six and the other side only two does not mean
that the jury are to believe the side who has six. The jury know that
when probably they are all exaggerating somewhat they are going to
decide the way the thing happened.
Pages:
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168