Basis of Proof

The evidence connecting our immigrant ancestor, Elder Thomas Dimick, with the line of the Dymoke Kings Champion of England is not conclusive. Genealogical facts, involving as they do past events and human beings, cannot usually be proven to an absolute certainty. Here, as in court proceedings involving a pedigree, the high standard of proof of absolute certainty is not required; only proof by the preponderance of the evidence. Even that may be difficult.

Evidence is information, and even though considered, not automatically proof. The weight and credibility must be carefully considered. Of necessity, most evidence in genealogy is "hearsay". Documentary evidence, including books and papers, is subject to the rules applicable to hearsay evidence..

Facts may be proved under the hearsay evidence rule if :

1. there is a special guarantee of trustworthiness that the evidence is correct; and

2. that the evidence cannot be obtained in any other way, as where the person having personal knowledge is dead, and

3. the information before the purpose for which it is now needed.

Exceptions to the hearsay rule include declarations of pedigree and family history in any form, oral or written, and may be considered if the original declarant is unavailable as by reason of death and if made before the issue arose and with no interest or motive to deceive.

For the purposes of judging the reliability of genealogical evidence, tradition is in a class generally rated unreliable family genealogies, printed and manuscript works - good, subject to test of the compiler, date, and sources; and records compiled by a member of the family - from poor to good. In judging reliability, however, occasionally what is considered the least reliable may be true, and that of the most reliable class false

(Stevenson, A Standard for Proving Pedigrees, Chapter V, Genealogical Research, Method and Sources, 1960, Vol. 1, pp. 37-48.)

With this in mind, the evidence here will be discussed.