[81]
Conjectural1 cases, on the other hand—that is to say
questions of fact—require a statement, which will
more often deal with the circumstances from which
a knowledge of the point at issue may be derived
than with the actual point which is under trial.
When the accuser states these circumstances in
such a manner as to throw suspicion on the case for
the defence, and the accused has consequently to
dispel that suspicion, the facts must be presented to
the judge in quite a different light by the latter.
1 For this technical term = cases turning on questions of fact, see III. vi. 30 sqq.
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