Testimony

Evidence of a witness; evidence given by a witness, under oath or affirmation; as distinguished from evidence derived from writings, and other sources. Testimony is not synonymous with evidence. It is but a species, a class, or kind of evidence. Testimony is the evidence given by witnesses. Evidence is whatever may be given to the jury as tending to prove a case. It includes the testimony of witnesses, documents, admissions of parties, etc. Mann v. Higgins, 83 Cal. 66, 23 Pac. 206; Carroll v. Bancker, 43 La. Ann. 1078, 10 South. 192; Columbia Nat. Bank v. German Nat. Bank, 56 Neb. 803, 77 N. W. 346; Harris v. Tomlinson, 130 Ind. 426, 30 N. E. 214. See Evidence.

— Negative testimony. Testimony not bearing directly upon the immediate fact or occurrence under consideration, bat evidencing facts from which it may be inferred that the act or fact in question could not possibly have happened. See Barclay v. Hartman. 2 Marv. (Del.) 351, 43 Atl. 174.