EVIDENCE, in its most general sense, means the proofs which establish, or have a tendency to establish, any facts or conclusions. It may be divided into three sorts, mathematical, moral, and legal. The first is employed in the dem onstrations which belong to pure math ematics; the second is employed in the general affairs of life, and in those rea smings which are applied to convince the understanding in cases not admitting of strict demonstration ; the third is that which is employed in judicial tribunals for the purpose of deciding upon the rights and wrongs of litigants. Accord ing to our system of jurisprudence in common law trials, it is the peculiar pro vince of a jury to decide all matters of fact. The verdict of the jury is, however, to be given, and the trial is to be had, in the presence of a judge or judges, who preside at the trial, and are hound to de cide all matters of law, arising in the course of the trial. Whenever, therefore, a question arises, whether anything of fered as proof at such trial is or is not proper to go before the jury as evidence, that question is to be decided by the court, and, unless permitted by Use court, it can never legally come before the con sideration of the jury. (fence, whatever is so permitted to be brought before the jury, for the purpose of enabling them to decide any matter of fact in dispute be tween the parties, is in a legal sense, evi dence, and is so called in contra-distinc tion to mere argument and comment.
This gives rice to a very important dis tinction, at the common law, as to the competency and the credibility of evi dence. It is competent, when by the principles of law, it is admissible to es tablish any fact, or has any tendency to prove it. It is credible, when, being in troduced, it affords satisfactory proof of the feet. It follows, therefore, that evi dence may be competent to be produced before a jury, when it may nevertheless not amount to credible proof, so as to sat isfy the minds of the jury ; anal, on the other hand, it may be such as, if before them, would satisfy their minds of the truth of the fact, hut yet, by the rules of law, it is not admissible. Whether there is any evidence of a fact, is a question for the court; whether it is sufficient, is a question for the jury.
ETU, in philosophy, Ac. is either moral or natural. Moral evil is any de viation of a moral agent from the rules of conduct prescribed to him. Some make the essence of moral evil consist in the disagreement of our manners to the divine will, whether known by reason or revelation ; others, in being contrary to reason and truth; and others, in being inconsistent with the nature, faculties, affections, and situation of mankind.