Preponderance of the Evidence in a Civil Trial

[David Lockmiller]

I had a question on the subject of the Preponderance of the Evidence in a Civil Trial and recalled that Lincoln had something to say on this subject. So, I Googled the subject and the top return was . . .

https://rogerjnorton.com/Lincoln102.html

The Fehrenbacher entry on this topic is at the bottom of Roger's page.

In a civil case, Lincoln was once asked to define the term preponderance of the evidence. He said: "Gentlemen of the jury, did you ever see a pair of steel yards or a pair of store scales? If you did I can explain, I think, to your satisfaction the meaning of the word. If the plaintiff has introduced any evidence, put that in the scales and have it weighed. Say it weighs sixteen ounces. If the defendant has introduced any evidence in the case, put that in the scales; and if that evidence weighs sixteen ounces, the scales are balanced and there is no preponderance of evidence on either side. There are four witnesses on each side of this case. If the plaintiff's evidence weighs one grain of wheat more than the defendant's, then the plaintiff has the preponderance of evidence - his side of the scales goes down, is the heaviest. If this defendant's evidence weighs one grain of wheat more than the plaintiff's, then the defendant's side of the scales goes down, is the heaviest; and that movement of the scales tells what is the preponderance of evidence. Now apply this illustration to the state of your mind on weighing the evidence for the plaintiff and defendant." Recollected Words of Abraham Lincoln compiled and edited by Don E. Fehrenbacher and Virginia Fehrenbacher (Stanford, Stanford University Press, 1996), p. 243.

The civil case took place in Coles County and the jury was having much trouble understanding the phrase "preponderance of the evidence." Finally, Lincoln tried his hand at explaining the terminology to the jury.

Fehrenbacher gave Herndon's evidence a "D" rating because "[t]here is no assurance that Herndon himself heard these remarks. He did not ordinarily accompany Lincoln on the circuit."

Lincoln's explanation to the jury is both mathematical and non-mathematical. How much does a grain of wheat weigh? For this is the difference necessary for a jury to determine the "preponderance of the evidence" in any civil case to this day.

I have posted this thread because this is not the first time that Roger as a source of information was listed by Google as the first choice in a Google search of mine. But to be fair to other sources, "Lincoln" is often one of the terms of my Google searches. So, the result is not so surprising.

Thank you, Roger.