St.

A map of the United States, with lines of equal annual evaporation drawn on it, shows a maximum area extending from Key West diagonally to Louis (50 to 60 inches), and another covering Southern California, Nevada, Arizona, and New Mexico (90 to 100 inches). Along the Atlantic and Pacific Coasts the evaporation varies from 30 inches in the north to 50 in the south; the Missouri and Ohio Rivers outline the of 40-inch evaporation, higher annual evaporations prevailing south and west, except in the Puget Sound region, where low figures are found. In much of Europe the annual evaporation is 20 inches or less.

curve

Evaporation from Land is too variable to permit of quoting representative figures; it depends on the amount of moisture in the surface soil, hence on the distribution of rainfall. Wind is also a factor, the evaporation in a moderate breeze being several times as great as that in still air. Vegetation has much influence, but this has not been studied sufficiently to give reliable figures. One estimate (Fernow) makes the relative evaporations as follows: from sod, 1.92; cereals. 1.73; forest, 1.51; mixed vegetation, 1.44; water, 1.00; bare soil, 0.60.

Water-supply problems are concerned with evaporation, as it reduces the run-off available from a given rainfall. Since both rainfall and evaporation vary with the region, run-off is more variable than either. In regions of moderate rainfall the mean annual run-off has been found to be about one-quarter to one-third of the precipitation, so that the evaporation is about 0.70 per cent. of the rainfall. In considering the storage of water in canals, reservoirs, and ponds, due allowance for evaporation becomes important; and as the critical water conditions occur in dry years, when the evaporation ratio will be abnormal, a maximum allowance should be made. Consult Turneaure and Russell's

Public Water Supplies; Kent's Mechanical Engineers' Pocketbook.

Eva p'orim'eter, an instrument for measuring the rate of natural evaporation, used in meteorological observation. The Piche Evaporimeter consists of a glass tube about 9 inches long, about 34-inch internal diameter, closed at the top, and covered at the bottom with a piece of porous paper. The tube contains water, and the paper is kept wet by A capillary attraction. scale along the side of the tube permits reading off the height of the water column, from which, by subtraction, the evaporation in any interval of time is obtained. Experiments have shown (Russell) that the evaporimeter readings are one-third greater than the evaporation from open dishes of water at the same place. See also ATMOMETER.

Evarts, ev'erts, WILLIAM MAXWELL (1818-1901), American lawyer, statesman, and orator, the son of Jeremiah Evarts, missionary editor, was born in Boston, Mass. He was graduated from Yale in 1837; studied for a year in the Harvard Law School, and in 1841 was admitted to the bar in New York. His career as a lawyer was one of exceptional brilliance, and he eventually became a leader of the American bar. For many years he was the head of the famous law firm of Evarts, Choate & Beaman. Among the celebrated cases in which he was counsel were the Lemmon Slave Case, the Parrish Will Case, the Gardner Will Case, and the Tilton-Beecher Case, in which he was the chief counsel of Henry Ward Beecher. He was also President Andrew Johnson's leading counsel in the impeachment trial before the Senate (1868); was the leading counsel for the United States before the Arbitation Tribunal at Geneva, assembled to pass on the Alabama Claims (1872); and before the Electoral Commission (1877) argued with great ability in favor of Hayes. In politics Evarts was a Republican, and was an eloquent and effective campaign speaker. He was U. S. district attorney for New York (1851-3); a delegate to the National Republican Convention in 1860; Attorney-General of the United States in the Cabinet of President Johnson (1868-9); Secretary of State in the Cabinet of President Hayes (1877-81), and a member of the U. S. Senate (1885-91).

Eve. See ADAM AND EVE.

Evection, e-vek'shun, the greatest lunar inequality, due to an alternate increase and diminution of the eccentricity of the moon's orbit according to the position of the perigee with respect to the sun. See MOON.

Eveleth, ev'e-leth, city, Minnesota, St. Louis county, on the Duluth, Missabe and Northern, and the Duluth and Iron Range Railroads; 70 miles northwest of Duluth. It is a residential city on paved highway No. 11 leading north from Duluth to the Superior National Forest. A high school and a junior college are the principal public institutions, and iron mining is the chief industry, employing 2,000 men. Between Ely Lake and St. Mary's Lake, three miles distant, is a tourist camp. Pop. (1910) 7,036; (1920) 7,205.

Evelyn, JOHN (1620-1706), English diarist, was born in Wotton, Surrey. In 1642 he went to Holland for three months and following the outbreak of the English Civil War spent four years in foreign travel. He settled at Sayes Court, Deptford, in 1652, and resided there until 1694, when he moved to Wotton, where he died. After the Restoration he was made a commissioner of the privy seal (1685–7), and treasurer of Greenwich Hospital (1695-1703). He wrote Sylva, or a Discourse of Forest Trees (1664), Terra, a Discourse of the Earth (1675), and a number of other works on a variety of subjects, but is remembered chiefly for his Diary, first published in 1818-19, which shows the graver side of the Royalist party with admirable force. Consult Wheatley's Life, prefixed to the sixth edition of the Diary (1879).

Evening Primrose. See (ENO

THERA.

Evening Schools, schools proIvided for those who, for various reasons, are prevented from attending the ordinary day schools. These schools are either public or private, and in general are of three types: (1) those giving a repetition of the regular primary and secondary day school instruction; (2) those giving vocational instruction along industrial and commercial lines; (3) cultural schools for those whose daily work offers little opportunity along such lines.

In Germany evening schools are an important part of the continuation school system (see VOCATIONAL EDUCATION). In England they are administered as secondary schools, although elementary instruction is also provided. In France they are included in the department of primary instruction; the state makes an annual appropriation for their support, and subsidies are often granted by local authorities.

In the United States there are various agencies conducting evening schools. important among which are such private and semiprivate institutions as Pratt in

stitute and Cooper Union (qq. v.) in New York City; Drexel institute in Philadelphia; the Y. M. C. A., Y. W. C. A., and the Mechanics' institutes. The first free evening schools were established for negroes by the Society for the Propagation of the Gospel. In 1836 a free evening school was opened in Boston in the Warner Street Chapel. In Pennsylvania, an industrial evening school was established by the Moravians in 1754, and in 1850 the city of Philadelphia appropriated $2,000 for the establishment and support of free evening schools. In New York the Public School Society opened four evening schools for apprentices and others in 1833. These were soon discontinued, but in 1847 the New York legislature granted permission to the Board of Education to conduct evening schools for males and authorized $6,000 for that purpose. following year evening schools for women and girls were authorized, and the appropriation was increased. Massachusetts authorized the establishment of evening schools in 1857, and in 1883 passed a law compelling towns of more than 10,000 to maintain elementary evening schools. Connecticut enacted a similar law, and various other States followed.

The

See also EDUCATION; VOCATIONAL EDUCATION. Consult Sadler's Continuation Schools in England and Elsewhere; Journal of Proceedings and Addresses of the National Education Association.

Everest, ev'er-est, SIR GEORGE (1790-1866), British military engineer, was born in Gwernvale, Brecknockshire. He went to India as a cadet in the Bengal Artillery in 1806, and was there engaged in the improvement of the outlets of the Ganges. He subsequently took part in a survey of Java (1813-15), served on the trigonometrical survey of India (of which he was appointed chief in 1823), and was surveyorgeneral of India (1830-43). He wrote Account of the Measurement of Two Sections of the Meridional Arc of India (1847).

Mount Everest (q.v.) in the Himalayas bears his name.

Everest, Mount, or CHOMOKANDAR, a peak in the Himalaya Mountains on the frontiers of Nepal and Tibet; about 150 miles from the British border. It is the highest known peak in the world, its altitude as determined by trigonometrical measurements being 29,141 feet. It was named for Sir George Everest (q. v.), who first located it and measured its altitude. Until 1903, when Sir Francis Younghusband entered Tibet, no white man had even seen the peak except from India, where a complete view is obscured by mountains at its base; and up to 1921 no white man had been within 40 or 50 miles of it. The ascent presented tremendous difficulties, political as well as physical, but at length, in January, 1921, permission was obtained from Lhasa, the Forbidden City of Tibet, for a party of British mountaineers to attempt its ascent. The expedition was undertaken by the Royal Geographical Society and the Alpine Club, and in May 1921 the party left Darjeeling. In September six members with some 25 coolies made a camp at 22,320 feet. The intense cold and weakened condition of the climbers compelled the abandonment of further attempts at that time, but the following year, early in June, the expedition reached 26,800 feet, the highest altitude ever attained by man. On June 27 the height of 27,300 feet was reached, but an avalanche caused the attempt to reach the summit again to be temporarily abandoned.

Everett, ev'er-et, city, Massachusetts, in Middlesex county, on the Boston and Maine, and the Boston and Albany Railroads; 3 miles north of Boston, of which it forms a residential and industrial suburb. Interurban lines connect it with Chelsea, Salem, Lynn, Malden, and other cities. It is comprised within the scope of the Metropolitan Parkway.

Everett has five miles of water front and the marsh lands along the railroads are partially developed. It has manufactures of shoes, gas and coke, chemicals, brooms, mittens, cars, bricks, paint and varnish, store fixtures and furniture, structural steel, steel castings, paper products, trunks, lathes, machine tools, and lithographs, as well as an iron foundry, oil refining plant, and felt mill. According to the Federal Census of Manufactures for 1919, industrial establishments number 104, with $65,718, 095 capital, and products valued at $33,775,728. Pop. (1900) 24,336; (1910) 33,484; (1920) 40,120.

Everett, city, Washington, county seat of Snohomish county on an arm of Puget Sound, and on the Great Northern, the Northern Pacific, and the Chicago, Milwaukee and St. Paul Railroads; 30 miles northeast of Seattle. It has several educational institutions, a Carnegie Library, Y. M. C. A., and two

hospitals. With an excellent water-front, it is of growing im portance as a deep-water port of the Northwest. The region is heavily timbered with fir, cedar, spruce, and hemlock, and there are rich deposits of precious metals. Industrial plants. according to the Federal Census of Manufactures for 1919, umber 127, with a capital of 16.479,920, and products valued at $21,886,682. They include iron furnaces, refining works. mills, shingle mills, furniture factories, brick yards, paper mills, machine shops, and shipyards. Lumber and shingles, flour, lead, paper, and cresote are shipped. The city was settled in 1891 and incorporated two years later. Pop. (1900) 7,838; (1910) 24,814; (1920) 27,644

saw

Everett. ALEXANDER HILL (1790-1847), American diplomat, elder brother of Edward Everett (q. v.), was born in Boston, Mass. He was graduated from Harvard in 1806; began the study of law under John Quincy Adams; and on the latter's appointment (1809) as U. S. Minister at St. Petersburg, accompanied him as private secretary, returning to Boston in 1812. He was secretary of legation (1815-16) and chargé d'affaires (1818-24) The Hague; and from 1825 to 1829 was minister at Madrid. He then became a member of the Massachusetts State senate (1830); was sent on a confidential

mission to Cuba (1840);

at

was

president of Jefferson College, La. (1842-4); and in 1845 was ap pointed a commissioner to China, where he died two years later at Canton. Among his publica

tions, in addition to a

great

number of magazine articles, are Europe, or a General Survey of the Political Situation of the Principal

On

Powers (1822); New Ideas Population (1822); America. or a General Survey of the Principal Powers of the Western Continent

(1827).

From 1829 to 1835 he was owner and editor of the North American Review, to which he

contributed.

Everett, EDWARD (1794-1865), American orator, political leader, and educator, was born in Dor chester, Mass., younger brother of A. H. Everett (q. v.). He was graduated with high honors at

Harvard in 1811, and for a time

was a tutor there. As pastor of

the Brattle Street Church

tarian in 1813-14, despite

Uni

his

youth, he gained a wide reputation as a pulpit orator and as a controversialist, his book Defence of Christianity (1814) attracting particular attention. The work of the ministry, however, was not wholly congenial to him, and in 1815 he accepted the Eliot professorship of Greek at Harvard. To fit himself, he studied abroad for five years, spending much of the time with George Ticknor (q.v.), in Germany. They returned (1819) imbued with German ideals of scholarship, and introduced to some extent German educational methods-a significant fact in American educational history.

Everett held the Harvard professorship until 1824, and in 1820-4 was also editor of the North American Review, to which (then and later) he contributed numerous articles. From 182535 he was a Whig Representative in Congress, where he was a frequent and influential speaker, and a member of various important committees. In general he supported the administration of President Adams and opposed that of President Jackson. He was governor of Massachusetts in 1836--40, and as such was instrumental in establishing the State board of education. attitude on slavery, however, greatly offended the Abolitionists in Massachusetts and elsewhere.

His

From 1841-5 he was U. S. Minister to Great Britain, at a time when relations between the two countries were strained owing to the McLeod Case, the Creole Affair, and the Oregon question. From 1846 9 he was president of Harvard College. He was then (November, 1852March, 1853) the successor of Daniel Webster as Secretary of State in the Cabinet of President Fillmore; and from December, 1853, to June, 1854, when he resigned, was a member of the U. S. Senate. Thereafter he retired from political life, though in 1860 he was the candidate for Vice-President on the Constitutional Union (the Bell and Everett) ticket. (See CONSTITUTIONAL UNION PARTY.)

Everett's greatest reputation was as an orator. He spoke on numerous public occasions, his best known orations probably being the one on 'Washington' (which he delivered throughout the country in order to help raise funds for the purchase of Mount Vernon by the ladies of the Mount Vernon Association), and his Gettysburg Oration, delivered Nov. 15, 1863, at the dedication of the Gettysburg National Cemetery. As an orator he was Vol. IV. Mar. '12

extremely popular, but his oratory-elegant, graceful, polished, elaborate, often florid, carefully studied, and generally more or less artificial -was of a style which has long passed out of date. His orations were published in four volumes (1850-9). Consult Memorial of Edward Everett; Dana's Address upon the Life of Edward Everett.

Everglades, THE, a great marsh, about 90 by 50 miles, in the southern part of the Florida peninsula. Its eastern margin is within 5 to 10 miles of the Atlantic Coast; its western edge is 50 to 60 miles from the Gulf Coast. It embraces about 4,000 sq. m.; its surface is 10 to 20 feet above sea level. Lake Okeechobee (800 sq. m.), a fresh-water lake which drains an area of some 6,000 sq. m., but has no direct outlet, lies immediately north of the Everglades; and its flood waters, overflowing southward, are the chief supply of water to the Everglades. Its surface is 20 to 23 feet above sea level.

A canal cut in 1884 drains part of the lake waters through the Caloosahatchee River to the Gulf. South of this, the region west of the Everglades has extensive swamps (Big Cypress Swamp), but these are distinguished from the Everglades proper. A low ridge of rock, only a few feet higher than the general surface of the Everglades, extends southward along the western and eastern borders.

Half a dozen streams cut through the eastern rim to the Atlantic, and two or three through the western rim to the Gulf. The Everglades, within this rim, are a shallow, flat basin whose surface consists of water areas and mud flats, thickly overgrown with saw-grass (Cladium effusum), and occasional islands bearing palmetto and other trees and semi-tropical shrubs. The water is only 1 to 3 feet deep as a maximum; the bottom is vegetable muck and some sand, averaging 3 feet deep, lying on a flat plain of soft limestone whose surface is 8 to 10 feet above sea level. The Everglades muck contains some 70 per cent. of organic matter, and is high in nitrogen (2 per cent.). Agricultural experiments have shown it to be fertile when suitably drained and treated, with special advantage for sugar-cane culture.

Drainage of the Everglades has been agitated since shortly after 1840, and in 1850 Congress granted the area to Florida, the patent being issued only in 1903, however. A board of drainage trustees existed continuously in

the interim, but progress toward draining the Everglades was made only since 1907, when the State took the work actively in hand. Earlier canals were cut from Lake Okeechobee west to the Caloosahatchee, and above the lake, to drain marshes around the lake. Recent plans involve a series of parallel canals from the Atlantic Coast northwesterly through the Everglades to the lake. The connection of Lake Okeechobee with this drainage system is to be such as to lower the lake level 3 to 4 feet. The main canals are 60 feet wide and 10 feet deep, and will have a total length of 200 miles. They are also intended to furnish waterways for the reclaimed lands. In the progress of the work 15,000 acres have already (1912) been brought under cultivation.

Consult articles in Outing (January, 1909); World To-Day (May, 1909); Putnam's Magazine (April, 1910); Scientific American (Jan. 21, 1911); Cassier's Magazine (March, 1911); Everglades of Florida (U. S. Senate Document No. 89, 62d Congress, 1911).

Evergreens are trees and shrubs which display a covering of foliage all the year round, as contrasted with the deciduous plants, whose branches are bare a part of the year. Evergreens are of two classes: the coniferæ, or conebearers, with resinous, needlelike foliage, as the pine, cedar, arbor vitæ, etc.; and the sclerophyll type, like the holly, laurel, box, rhododendron, etc.

Evergreens are invaluable to the landscape gardener of Northern countries for attractive winter effects. The coniferæ, grown in tubs, are highly desirable for house decoration indoors, as well as on porches and balconies; while their agreeable aroma is said to exert a beneficial effect upon the air of living rooms.

Everhart, BENJAMIN MATLACK (1818-1904). American botanist, was born in West Whiteland, Pa. He devoted much time to the study and collection of fungi and other cryptogamic plants. He helped edit the Journal of Mycology from 1885 to 1888, and with J. B. Ellis published North American Fungi and North American Pyrenomycetes (1892). Some of the principal American fungi bear his name.

Everlastings, or IMMORTELLES, are flowers which retain their form and much of their color for a long while after being picked and dried. They are frequently used in combination with dried ornamental grasses to make winter bouquets for home decoration. The most important are

the species belonging to the genus of composites known as Helichrysum, natives of Cape Colony and Australia. H. bracteatum, the ordinary garden va

Everlastings.

1. Helichrysum bracteatum. 2. Acroclinium roseum. 3. Aphelixis macrantha.

riety, is one of the best. It bears large orange flower-heads, composed of dry bracts, though there are numerous varieties ranging in color from pure white to deep blood-red. H. arenarium is the species most frequently cultivated in France, under the name Immortelles. The flowers are naturally yellow, though they are usually bleached white and dyed in many colors to fit them for memorial wreaths. H. grandiflorum is a white-flowered species from Africa, often called Cape flowers.

The flowers are gathered on a dry day, and when they are partly open, but not so expanded as to display the centres. They are then tied in bundles and hung, heads downward, in a dry, cool room.

Several other species of garden flowers are prepared and used in the same way as Helichrysum.

In America, the wild native composites, all more or less white-woolly, belonging to the genera Antennaria, Anaphalis, and Gnaphalium, are known as everlastings. They have scarious involucral bracts-the latter two conspicuous in summer for their silvery flower-heads.

Eversley, CHARLES SHAWLEFEVRE, VISCOUNT (1794-1888), Speaker of the British House of Commons, was born in London. He was called to the bar (1819), and in 1830 became M.P. for Downton, Wiltshire, being returned for Hampshire in 1831. Vol. IV.-Mar. '12

In 1839 he was elected Speaker, and was re-elected in 1841, 1847, and 1852. Retiring from the Speakership in March, 1857, he was created Viscount Eversley of Heckfield. Consult Manning's Lives of the Speakers.

Evesham, market town and summer resort, Worcestershire, England, on the Avon, 15 m. southeast of Worcester, in a productive fruit growing and market-garden district. Here a Benedictine abbey was founded in the eighth century; a fine tower and gateway still remain. The Town Hall is Elizabethan, and the Grammar School was originally founded in 1536. At Green Hill, to the north of the town, Simon de Montfort was defeated by the Royalists under Prince Edward on Aug. 4, 1265. An octagonal tower in the grounds of the Abbey Manor House marks the site of the battle. Pop. (1911), urban district, 8,341; parish, 12,307; parliamentary division, 53,239.

Eviction. In law, some act by a landlord which is considered to deprive the tenant of his possession or rightful enjoyment of the premises in question. It may be by process of law, or by rendering the premises uninhabitable in some way. See LANDLORD AND TENANT.

Evidence, the means sanctioned by law by which alleged facts are established or disproved in judicial proceedings. It is to be distinguished from argument based upon the facts, which can only suggest explanations of or inferences from them, and is not accepted as part of the proof.

Many rules have been devised by the courts to limit judicial discretion in the matter of receiving evidence, with the object of excluding everything which does not logically tend to prove or disprove alleged facts, or which is not introduced in such a manner as to render it safe and satisfactory proof. In general, all facts alleged and relied upon by a party to litigation must be proved by him if controverted by the opposite party; but the law permits judges, and juries under their instruction, to take 'judicial notice' or cognizance of certain facts which are considered either self-evident, or 'matters of common knowledge.' The limits of the discretion of judges in this regard have never been definitely fixed, and the courts are cautious, requiring proof when there is any doubt.

The methods of proving facts may be classified as follows: (1) by the testimony of witnesses;

(2) by the introduction and au

thentication of documents containing matter relevant to the issue; and (3) by real evidence, or the production and inspection of an object which is part of the subject matter involved in a case.

Evidence may be direct, that is, a complete chain of facts tending to corroborate or establish the alleged facts in controversy; or circumstantial, which consists in the establishment of facts from which a logical inference can be drawn as to the truth or falsity of the facts in issue. For example, if A testifies that he saw B break into and enter a house and steal an article, this is direct and posi tive evidence; whereas if he testi fies that he only saw B running from the house with the article in his hands, it is circumstantial evidence, as only an inference of theft can be drawn from his test imony. Both direct and circumstantial evidence are subject to the other rules of evidence.

It is as to the legal admissibility of evidence that most questions arise, and most rules exist. The law requires that the best or most convincing evidence possible under the circumstances shall be adduced, and the courts refuse to receive less satisfactory evidence, unless it is shown that the best is not obtainable. This is known as the 'best-evidence rule. For example, the primary or best evidence of a letter and its contents is its production. However, if it is not obtainable. and this is proved satisfactorily. the court would allow secondary or parol evidence of its contents to be introduced. If a document is in the hands or under the control of the opposite party, the party desiring to prove its contents should serve a notice úpon his opponent demanding its production at the trial; and if the latter neglects to comply with this request, on proof of the fact the court will allow secondary evidence of its contents.

Another general rule is that parol evidence cannot be introduced to vary the terms of a written instrument, but only to explain it. For example: if a will contains a bequest to A. B.. a contestant cannot introduce evidence tending to show that this was a mistake and the testa tor meant C. D.; but he could show which A. B. was meant, if there are two persons of the same name who might have been in the testator's mind.

Certain presumptions may be based upon facts proved, which have the effect of evidence until rebutted. Thus it was held that where a person was shown to have been insane a short time

before an occurrence in issue, it would be presumed that he continued in that state in absence of evidence to the contrary. Another example of a legal presumption is, where it is shown that an accused person hired a witness to leave the jurisdiction, it will be presumed that the latter's testimony would be unfavorable to the accused.

It is a general rule that unsworn statements of a person may not be repeated by a witness on the stand. This is known as the 'hearsay rule.' The objection to such testimony is that it is not entitled to much weight, as the statements were not made under the solemnity of an oath (q. v.) and may have been carelessly made, and the person making them was not subjected to crossexamination. However, the difficulty of proof in certain classes of cases has caused the courts to make a number of recognized exceptions to this rule. One of these is the 'res gesta rule,' under which exclamations or unpremeditated statements made by a party to a transaction at the moment it happens, or, in some States, very shortly afterwards, may be admitted, as a part of the transaction. For example, where a person who had been stabbed said, about twenty seconds after the occurrence, 'I'm stabbed, D stabbed me,' it was held that this was a part of the res gestæ and admissible. By another exception admissions or declarations against the interest of the person making them can be proved by the testimony of another person who heard them, provided the declarant is a party to the proceeding. The confession of an accused person is admissible under certain conditions. (See CONFESSION.) Declarations of a dying person, who realizes his condition, as to the cause of his death, may be admitted in a trial for the murder of the declarant. The statements of a testator as to the contents of his will may generally be admitted if the will is lost and it is necessary to prove its contents. 'Declarations as to pedigree' constitute another exception to the hearsay rule. To be admissible, however, the statements must have been made by a disinterested blood relative or husband or wife of the person whose pedigree is in question, before the question in issue arose, and the declarant must be dead at the time his statements are proved. Declarations made by a deceased person who lived in a certain region for a long time as to the location of boundaries, highways, etc., are admissible in absence of better evidence.

Evidence as to the character of an accused person may not be offered by the prosecution, unless

the defence offers some evidence on that subject.

In general, an ordinary witness is not permitted to give his opinion of anything connected with the issues; it is for the jury to draw inferences from the facts. However, it is common to call 'experts' to give their opinions in cases where the jurors are not well qualified to grasp some matter of technical knowledge in issue. For example, if it was alleged that A was poisoned, a medical expert would probably be required to examine his stomach, etc., determine the cause of death, and testify as to his opinion. An expert witness must be qualified, that is, his learning and experience must be shown to render him competent to form an intelligent opinion on the subject in question. The practice is to ask the expert hypothetical questions, based upon the facts assumed to be proved in the case. The weight of his testimony is for the jury to determine.

Where possible, anything involved in the issues of a case is produced in court, so that the jury may inspect it. Thus, clothes may be tried on before a jury where the question of whether they fit the person for whom they were made, is involved. An injured limb may be exhibited to a jury in a negligence case, or a portrait where the defence is that it is not a likeness.

Entries made in books of account are admissible under certain conditions. If made in course of duty by a person since deceased, they are admissible upon proof of his handwriting; if by the party who offers them he must swear to their correctness, and in some States he must prove a course of dealing with the other party; that he kept no clerk; that other persons had dealt with him and found his accounts correct; and that some of the articles charged were delivered, or items of service rendered by him. The contents of a public document may be proved by an authenticated copy.

The burden of proof of facts alleged is upon the party who alleges them. This rule is so rigidly enforced that if a plaintiff who has a good case to which there is no valid defence, fails to prove in court the facts constituting his cause of action, judgment will be entered for the defendant. The burden of proof never shifts, but the burden of evidence may do so in the course of a trial. For example: after the plaintiff has introduced in evidence facts making a prima facie case, the burden of evidence is shifted to the defendant to disprove or explain the testimony as to such alleged facts.

The matters of the competency and privileges of witnesses are also regulated by the rules of evidence. At early common law a witness could not testify unless he was a believer in the Christian religion, as otherwise it was not considered that an oath would bind his conscience. At present, however, an unbeliever may solemnly affirm that he will tell the truth, and his testimony will be received, its credibility being left to the jury. A child old enough to know the difference between right and wrong, and having some understanding of the nature of an oath, may be a witness. A person convicted of crime may be called as a witness in most jurisdictions. A physician and patient, minister of religion and parishioner, attorney and client, are each entitled to the privilege of refusing to testify as to matters disclosed by confidential communications in their relations as such. A witness is privileged from testifying as to any matter which tends to incriminate him, that is, render him liable to prosecution for crime. The testimony of a husband or wife will not be received against the other as to the commission of adultery, in an action for divorce, or as to matters disclosed in their confidential relations as such, but otherwise they may testify for and against each other.

A party may not directly impeach the credibility of a witness called by himself, and may not ask leading questions, that is, questions suggesting the answer by their form, of his own witness. However, he may do both in cross-examination of his opponent's witnesses. Consult Stephen's Digest of the Law of Evidence and Greenleaf's Treatise on the Law of Evidence. See TRIAL; WITNESS.

Evidences of Christianity. See APOLOGETICS.

Evil may be generally defined as that which is opposed to the divine order of the universe. Every form of religion testifies to the recognition of evil in the external world, and superstition in all its shapes mainly rests upon it.

Existence of evil is one of the perennial problems of theology and of philosophy-the problem how to account for, and what to infer from, the existence of evil in the world, especially that evil which does not depend upon the individual human agent, and under which, therefore, he may suffer without fault of his own. According to the significance attached to evil, a philosophy inclines to an optimistic or a pessimistic view of the world, or attempts to compromise between them. For an extreme