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Facts showing the existence of any state of mind-such as intention, knowledge, good faith, neg- ligence, rashness, ill-will or good-will towards any particulal' person, or showing the existence of any state of body or bodily feeling--are relevant, when the existence of any such state of mind or body or bodily feeling, is in issue or relevant. ' Explctludion.-A fact relevant as showing the exist- ence of a relevant state of mind must show that it exists, not generally, but ~n reference to the partic111ar, ll1atter in question. .' > '. Illustl'atiO'll8. (a.) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article. The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and aU of the articles of which he was in possession to he stolen. (b.) A is aecused of fraudulently delivering to another per- son a piece of counterfeit coin which, at the time when he de- livered it) he knew to be counterfeit. The fact that~ at the time of its delivery, A was possessed of a number of other piecesof counterfeitcoin)is relevant. ~ (c)~ A 'Ii / - I , IS " ~ ~ ' I ------------ ;. ../) .. --, 1872.J Evidence. '1. (c.) A sues B for. damage done by a dog of B's, whleh B knew to be ferocious. . The facts that the dog had previouslybitten X, Y and Z, and. that they had made complaints to B, are relevant. (d.) The question is, whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious. The fact that A had. accepted other bills drawn in the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant, as show- ing that A knew that the payee was a fictitious perBon, (e.) A is accused of defaming B by publishing an imputa- tion intended to harm the reputation of B. The fact of previous publications by A respecting B, showing ill-will on the part of A towards B, is relevant, as proving A's intention to harm B's reputation by the particular publication in question. . . The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B. . (f.) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust 0, who was insolvent, sufferedloss. The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the re- presentatio:" in good faith. (g.) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor. A's defenceis that B'scontract was with C.' . The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, make over to C the management of the work in question, so that C was in a p()si- tion to contract with B on C's own account, and not as agent for A. (h.) A is accusedof the dishonest misappropriation of pro- perty which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found. The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found. The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim .to i~)is relevant, a~, showing I:} ,.; l ~ (c.) A sues B for damage done by a dog of D's, whieh B knew to be ferocious. , The facts that the dog had previouslybitten X, Y and Z, and that they had made complaints to B, are relevant. (d.) The question is, whether A, the acceptor of 'a bill of exchange, knew that the name of the payee was fictitious. . The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the 'Y payee if the payee had been a real person, is relevant, a~ show- 'I ing that A knewthat the payeewasa fictitiousperson" . (e.) A is accused of defaming B by publishing an imputa- tion inten~ed to harm the reputation of B. The fact of previous publications by A respecting B: showing ill-will on the part of A towards B, is relevant, as proving A's intention ~o harm B's reputation by the particular p~lblication in question. . . ':Phefacts that there was no previous qual'rel between A and B, and that A repeated the matter complained of as ~e heard it, are relevant, as showing that A did not intend to harm the reputation of B. (f.) A is sued by B for fraudulently representi~g to B that C' was solvent, whereby B, being induced to trust C, who was insolvent, suffered loss. The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the re- presentatio~ in good faith. , (g.) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor. A's defenceis that B'scontract was with C. The fact that A paid C for the work in question is 'relevant, as proving that A did, in good faith, make over to. G', the management of the work in question, so that C was in a posi- tion to contract with B on a's own account, and Qotas agent for A. . (n.) A is accusedof the dishonest misappropriation of pro- perty which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found. The fact that public notic.e of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believethat the real owner of the property could not be found. . The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim to it) is relevant, as showing- I n ,.I r eo . - - 1872.J Ev'ide?we. .. \,~ , /' .~ , ., --~- r~-'-' .'- :Factsbearing on qnestion w11ether act was accident- al 01' inten- tional. showing that the fact that A knew of the notice did not dis- prove A's good faith. (i.) A is charged with shooting at B with intent to kill him. In order to show A's intent, the fact of A's having previously shot at B may be proved. (j.) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may .. be proved, as (. . . . " . . ' showingthe intention of the letters. .') (k.) The question is, whether A has been guilty of cruelty /it. " ! towards B, his wife.' ..: . I Expressions of their feeling towards each other shortly before . I . or aft~erthe alleged cruelty, are relevant facts. . (l.) The question is, whether A's death was caus~dby poison. Statements made by A during his illness as to his symptoms, are relevant facts. (m.) The question is, what was the state of A's health at the time when an assurance on his life was effected. . Statements made by A as to the state of his health at or near the time in question, are relevant facts. ' ':-'0 "I"" . '(~t.) . A sues B for negligence in providing him with a ~'C';t\.', carriage for hire not reasonably fit for use, whereby A was injured! The fact that B's attention was drawn on other occasions to the defect of that particular carriage, is relevant. . The fact that B was habitually negligent about the carria~s which.ht1let to hire, is irrelevant.,? (0.) A is tried 'for the murder of B by intentionally shooting him dead. The fact that A, on other occasions,shot at B is relevant, a's showing his intention to shoot B. The fact that A was in the habit of shooting 'at.people'with intent to murder them, is irrelevant. (p.) A is tried for a crime. Bvidence. l AC1':i The' ;fact that he' said something indicating an intention to committ~at particular crime, is relevant. ' .The' fact that he said something indicating a general dis- position to commit crimes of that class, is irl'elevant.