“It is granted that the word could not have been engraved after the biscuit was baked. The witness, however, has not sworn, or asserted, that there was no interval of time between his receiving the vase and his putting it into the fire. What became of it during this interval? How long did it last? Will the witness swear that no one touched it during this interval?
“These are questions which I shall put to him presently. I hope I have established my first assertion, that you have no positive evidence of the prisoner’s guilt.
“You well know, gentlemen, that where positive evidence of any supposed fact cannot be produced, our judgments must be decided by the balance of probabilities; and it is for this reason that the study of probabilities, and the power of comparing them, has, in a late c
