The state chronicle. [volume] (Raleigh, N.C.) 1883-1893, 1886-08-06

sumntjons of fact dana.d an tbc;,. o,,p
natural force and afIi,,1,, =, ,,o,,lr.,i,,l,
belief in the minds NJ no ~. ~. az,
wholly ipderendont ~ ~. or,;fo;.l Io~.oI
relations and cnnn.,,io,,. ~ :; ~, -,
liar rrn,,inca nf tho i,,,, -, al ~ N,
,,r.ciIr,,,tio,1s ana 80 ,,,JI,,- - ~ 80,
~ tbnir, cx,c,il,,,o -
an act IF raasopi,,,, u,, thoi,,,a,, phiT
~ II, &
If nri,oa facio .,;dopco NOT roI,ut,cd
tho mr., :. In1,,d =, io, - trld ~. "a,
di,, Il, .,ccord,,,ca r.itt = nd if ~. -.
ru.a 10 do tbc,- ,,l.I.,+a tia;r ,I,,tv- ~.
uudnr nyidnpca frirtI,, rou,i,,,.ti,i. t,..v
,,,.,, ~. ,,,.,,-,,,t f,,l ~, : tt,.; i,,,Il,
,,,,,y,+ ,,,,,, Gi.,,,t,.
MI iIInStr,t. Iof,.ra ~. t,a.,.rdv Al
nf 1914 the ~ I'M. ,,n,,,.,, IA. concII1
.f,.. lor,,. ~ ,..,ar,it,, ~ tLc .hild.
hy tbat act rb, l.,x ,,.a. ~ ~ altered as
10 allow the nath of IN. woman 10 br prima
facin evidence III thn f4,t IN j case arjs
ina, Iiuder that Act. tried before Judge
Pearson il vas insisted on behalf Of the
defendant that. if from the contradictory
statements Of the woman, &c. her general
character and the other circumstances,
the Jury were not satisfied that the dcfcn-
dant was the father, they should find a
verdict for him Bat the learned Judge
exploded this nrtion,-it was hoped for all
time, certainly until it was revived thirty
five years later i'll Doggetts case Judge
Pearson charged the Jury that the effect
of the act was not to submit the issue of
paternity as an open question of fact and
require the State to satisfy the Jury that
the defendant was the father, but to put
the onus on the defendant and require
him to convince the jury that he was not
the father. So that, if the evidence salts
fled the jury, that he was the father; or if
the evidence left it uncertain whether he
was or was not 50, the State would be en-
titled TO u verdict. And the Supreme
Court. both in state vs. Patton ) IredelI,
and State VS. Floyd Is Iredell with great
clearncss distinguishes brtWe prim; facie
and prcSiImptive evidence. .'Prima facie
evidence is such evidence, as in Judgment
Of law, is sufficient to establish the fact IN
controversy. and in the absence of con
trolling testimony becomes conclusive and
the iury by the Inv are bound 50 to con
slider il. and presumptiye evidence. prop
crly SO called. is that which does not of
itself directly prove the c0ntroverted fact,
but leaves the iury Al liberty 10 find in ac-
cordance with il or not IL their minds
shall direct
Tins tLa term nrima facir evidence had
obtained n definition. distinct and une-
ouiyocaI. when the Legislature made use
of it in the Act of 1867. Following that
definition and anpIyino if 10 the ease of
killing cattle under ihe statute. the Su-
nreme Cont in = series of decisions. held
that where the mere fact of killing was
shown the law declared the companv's
a,,ontc oniItv of rn,,Iinonca which they
c0nld acnnit tbnn,.ci,n2 If only nv, show
inc, af1irmativeIv that there was no neg
lecf whatever The present court have,
in Dooratt,. case danartoa from that rnle
confo91dino tho distinction theretofore
nrevaiIing and declared the statutc TO
creotc on7y nrcsnmntive evidence of ncpli
@ence which the defendant may repel by
Showing the circumstances attending the
killing, when the Jury are to pass upon the
y,nirbt Of tho avi6nnra To ns This seems