Preponderance of the Evidence in a Civil Trial

[RJNorton]

(03-22-2020 08:52 PM)David Lockmiller Wrote:  I want to know and retain for history as much truth about Lincoln as there can be preserved . . . but no more than the truth. I believe as your friend Richard "Rich" Hileman implies that the "D" standard unfairly and unjustly eliminates truthful stories about Lincoln by limiting "Lincoln truth" to the Fehrenbachers' "objective" (A, B, and C) standards.

I agree. Lincoln's reported definition of the preponderance of the evidence rings true to me. I cannot think of a reason why Herndon would create a story like this. Possibly Herndon did not recall all the words exactly as Lincoln spoke them, but IMO the overall story Lincoln told the jury seems very plausible. If I were rating it I think I'd say, "A quotation about whose authenticity there is less than average doubt."