testimony

authority to compel the creation of handwriting exemplars.

The statement made by a witness under oath or affirmation. For distinction between "testimony" and "evidence," see "Evidence." TESTIS (Lat.) A witness. TESTIS D'E VI SU PRAEPONDERAT alils. An eye witness outweighs others. 4 Inst. 470. TESTIS LUPANARIS SUFFICIT AD FACtum in lupanari. A lewd person is a sufficient witness to an act committed in a brothel. Moore, 817. TESTIS NEMO IN SUA CAUSA ESSE potest. No one can be a witness in his own cause. Otherwise in England, by St. 14 & 15 Vict. 99, and many of the states of the United States. TESTIS OCULATUS UNUS PLUS VALET quam' auriti decern. One eye witness is worth ten ear witnesses. 4 Inst. 279. See 3 Bouv. Inst, note 3154.

The statement made by a witness under oath or affirmation. The statement of a witness under oath; yet it need not necessarily be made to a judicial tribunal. Thus, a deposition may contain testimony, although never used in the cause pending; Woods v. State, 134 Ind. 35, 33 N. E. 901. It is a species of evidence by means of witnesses; Carroll v. Bancker, 43 La. Ann. 1078, 1194, 10 South. 187. It is said that testimony refers more properly to oral evidence than to documentary, and that it is reasonable that a distinction be made between the two; Ensign v. Pennsylvania, 227 U. S. 592, 33 Sup. Ct 321, 57 L. Ed. 058. See Evidence.

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.

Evidence of a witness, or witnesses.

Declarations of witnesses; evidence by statements of persons conversant with the fact to be proved. The word testimony is not synonymous Harvey ». Smith, Id. 272; Mc Conaha v. Carr, 18 Id. 443.

chancery practice. A bill to perpetuate the testimony of witnesses, is one which prays leave to examine them de bene esse, and states that the witnesses are old, infirm or sick, or ‘going beyond the jurisdiction of the court, whereby the party is in danger of losing the benefit of their testimony. Hinde, 20. It does not pray for relief. Coop. Eq. Pl. 44. As to the yequisites of such a bill, see Mitf.-Pl. 50.