evidence , testimony : These words are often used as if they were interchangeable. Greenleaf says “Testimony, from the Latin, testis, a witness, is, however, only a species of evidence through the medium of witnesses. The word evidence, in legal acceptation, includes all the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved.” (Evidence, vol. i. ch. 1, p. 3.) Again “Evidence rests upon our faith in human testimony, as sanctioned by experience” (vol. i. ch. 10, p. 70). We may have the testimony of a traveler that a fugitive passed his way; but his footprints in the sand are evidence of the fact.