Evidence

(ěv'e-děnz.) [L. evident ia.] (Law.) According to our system of jurisprudence in common-law trials, it is the peculiar province of a jury to decide all matters of fact. The verdict of the jury is, however,to be given, and the trial is to take place, in the presence of a judge or judges who preside, and are bound to decide all matters of law which suggest themselves in the course of the trial. Whenever, therefore, a question arises, whether anything offered as proof at such trial is or is not proper to go before the jury as E., that question is to be decided by the court, and, unle permitted by the court, it can never legally come before the consideration of the jury. Hence, whatever is so permitted to be brought before the jury, for the purpose of enabling them to decide any matter of fact in dispute between the parties, is in a legal sense E., and is so called in contradistinction from mere argument and comment. This gives rise to a very important distinction, at common law, as to the competency and the credibility of E. Itis competent, when, by the principles of law, it is admi ible to establish any fact, or has any tendency to prove it. Itis credible, when, being introduced, it affords satisfactory proof of the fact. It follows, therefore, that E. maybe competent to be produced before ajury, when it may neverthele not amount to credible proof so as to satisfy the minds of the jury; and, on the other hand, it maybe such that, if before them, it would satisfy their minds of the truth of the fact, but yet, by the rules of law,it is not admi ible. Whether there is any E. of a fact is a question for the court; whether it is sufficient is a question for the jury. [s. 348]