BVIDBNCE. That which tends to prove or disprove any matter in question, or to in fluence the bel:ef respecting it. Belief is produced by the consideration of something presented to the mind. The matter thus pre sented, in whatever shape it may come, and through whatever material organ it is derived, is evidence. Prof. Parker, Lectures on Medical Jurisprudence, in Dartmouth College, N. H, The word evidence, in legal acceptation, includes all the means by which any alleged matter of fact, the truth of which is submit ted to investigation, is established or dis proved. 1 Greenleaf, Ev. c. 1, 1.
That which is legally submitted to a jury, to enable them to decide upon the questions in dispute, or issues, as pointed out by the pleadings, and distinguished from all com ment and argument, is termed evidence. 1 Starkie, Ev. pt. 1, 3.
2. Evidence may be considered with refer ence to its instruments, its nature, its legal character, its effect, its object, and the modes of its introduction.
The instruments of evidence, in the legal acceptation of the term, are :— 1. Judicial notice or recognition. There are divers things of which courts take ju dicial notice, without the introduction of proof by the parties: such as the territorial extent of their jurisdiction, local divisions of their own countries, seats of courts, etc. If the judge needs information on subjects, he will seek it from such sources as he deems authentic. See 1 Greenleaf, Ev. c. 2.
2. Public records; the registers of official transactions made by officers appointed for the purpose: as, the public statutes, the judg ments and proceeding3 of courts, etc.
3. Judicial writings: such as inquisitions, depositions, etc.
4. .Public documents having a semi-official character : as, the statute-books published under the authority of the government, docu ments printed by the authority of congress, etc.
5. Private writings: as, deeds, contracts, wills.
6. Testimony of witnesses and, sometimes, of the parties to a cause.
7. Personal inspection, by the jury or tri bunal whose duty it is to determine the mat ter in controversy : as, a view of the locality by the jury, to enable them to determine the disputed fact, or the better to understand the testimony, or inspection of any machine or weapon which is produced in the cause.
There are rules prescribing the limits and regulating the use of these different instru• ments of evidence, appropriate to each class.
3. In its nature, evidence is direct, or pre. sumptive, or circumstantial.
Direct evidence is that means of proof which tends to show the existence of a fact in question, without the intervention of the proof of any other fact.
It is that evidence which, if believed, esta blishes the truth of a fact in issue, and does not arise from any presumption. Evidence is direct and positive when the very facts in dispute are communicated by those who have the actual knowledge of them by means of their senses. 1 Phillipps,Ev. 116; 1 Starkie, Ev. 19. In one sense, there is but little rect or positive proof, or such proof as is acquired by means of one's own sense; all other evidence is presumptive; hut, in com mon acceptation, direct and positive evidence is that which is communicated by one who has actual knowledge of the fact.
Presumptive evidence is that which shows the existence of one fact, by proof of the ex istence of another or others, from which the first may be inferred ; because the fact or facts shown have a legitimate tendency to lead the mind to the conclusion that the fact exists which is sought to be proved.
Presumptive evidence has been divided into presumptions of law and presumptions of fact.
4. Presumptions of law, adopted from mo tives of public policy, are those which arise in certain cases by force of the rules of law, directing an inference to be drawn from proof of the existence of a particular fact or facts.
They may be conclusive or inconclusive.
Conclusive presumptions are those which admit of no averment or proof to the con trary. Thus, the records of a court, except, in some proceeding to amend them, are con clusive evidence of the matter there recorded being presumed to be rightly made up.