EVIDENCE

that which makes fest; any form of proof. In law, usually either direct or circumstantial. In a court of law the ‘best’ e. admi ible, and therefore a copy letter will not be admitted in e., original can be obtained. Similarly witne must tell what he imows, and not what some one else told him, except in certain cases hearsay e. is accepted. As a rule, only such matters will be 4n e. as are relevant to the i ue in 2.e. which tend to prove or disprove main fact in dispute (which is the fact in i ue). Anything party to a lawsuit or a prosecution or wrote is admi ible in e., if it is the interests of that party, and throws light on the matter in several but it will not usually be admitted if it the is in his favor. Again, anything which a west party has done in the matter which is in miles; dispute, or anything which explains the North matter in dispute, will be admitted in 45 e. both for and against that - party. miles; Moreover, when it is important to know canal, the state of a man’s mind when he did miles. an act, anything he said or did while sold accomplishing the act, or anything which he did or said in other transacand tions, is admi ible in e. This is often comdone when it is sought to prove that a the man was insane when he committed a murder. canals As opposed to direct e., circumstantial tracts e. merely proves surrounding cir cum the stances from which the fact in i ue may resulting be inferred. In murder trials this is edges, frequently the only e. available. border Sometimes first-hand e. is not forth Palm coming, e.g. the statements made by the naturvictim of a murder. In that case the schools dying declaration of the victim will be allowed in e. If the original of a document is lost or destroyed, e. of its contents may be given, as, for example, a copy of the document can be put in, or whose a person may state from memory what colour the contents of the document were. grand i Persons guilty of crime may make Cape, confe ions, and such confe ions are in admi ible as e. against them, but not against their accomplices. But such memorial confe ions will not be admi ible unle they are voluntary, and they will not be deemed voluntary if they are made in LEconsequence of any threat or inducement Eng. held out by a person in authority. The 1830. prosecutor is deemed a person in author1839-57; ity for such a purpose; so, too, aré judges, magistrates, policemen, and W.), other officers of justice. It lies with the prosecution to show that a confe ion i: de voluntary; but a confe ion does not Edward, become involuntary by the fact that i was made whilst the accused was drunk though this fact would diminish it man i value; nor is it involuntary when mad e. is under promise of secrecy. Not every kind of person can be callec only is as a witne , and those called on to giv of a e. cannot be compelled to answer ever} if the question put to them. No person can be a compelled to give an answer to a ques himself tion which would render him liable t has criminal proceedings. The law will no when allow the powers of courts of justice t« general be employed as a means of extort in; admitted confe ions of crime. The law, too, re dispute gards communications which pa be the tween married couples as privileged. N« called wife or husband can be compelled t that a disclose any such communication. O said similar nature are the communication: against which pa between a person and hi if it legal advisers. No lawyer can, without dispute, his client’s consent, be called upon * disclose any communication that his client may have made to him in his profe ional capacity; but such communication must not have been made in the furtherance of some criminal object, or the privilege lapses.