Evidence

[Lat. evidentia, from evidens, cle.ar.] That which tends to render evident, or clear; the means by which the truth of a fact or point in issue is made c\e&r or demonstrated.* Best on JEvid.

8, § 11. 3 Bl. Com, 367.

Any matter of fact

the effect, tendency or design of which is to produce in the mind a persuasion affirmative or disaffirmative of the existence of some other matter of fact. Best on JSvid. ub.sup.

1 Bentk. Jud. Ev. 17.

The word evidence

in le^l acceptation, includes all the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved.

1 Oreenleafon Evid. § 1.

Any proof, be it testimony of men, records or writings.

Cowell.

Proof, either written or unwritten, of facts in issue between parties.

Wharton's Lex

The terms evidence and proof are constantly used in practice as synonymous.

3 Bl. Com. 367. 3 Siepk. Com. 604.

Strictly, however, proof is the efl Fect of evidence.

1 Oreenl. on Ev. § 1.

Without evidence there can be no proof, although there may be evidence which does not amount to proof.

Best on Presumptions, 8, § 6.