PREFACE To the trial lawyer no subject in the law curriculum is of more importance than Evidence. In this branch of the law questions arise very frequently, and usually they must be answered on the spur of the moment. It is essential, therefore, that the lawyer have at his tongue's end the rules and their exceptions. Moreover, since the test of the keen lawyer is his ability to make fine legal discriminations, it is also essential that he possess a well disciplined mind in the art of applying them. In the present volume an attempt has been made to state pointedly and systematically these various rules and exceptions; and since the law is an applied science, numerous illustrations have been given to elucidate their application. Every topic is fully illustrated; every illustration is founded upon an actual case, and for each case the citation is given. With the view of securing compactness, these illustrations, instead of being scattered throughout the book, have been made a distinct part of it and placed after the text proper. This plan, it is believed, will meet with general approval. As an aid in developing ability to make fine legal discriminations the reader is earnestly advised to study carefully these illustrations and where practicable to do so to read the cases upon which they depend. In the preparation of this volume it has been the aim of the author to produce a text-book which will prove serviceable when used independently of any other work; but believing that it will also be found serviceable in connection with the study of Thayer's "Cases on Evidence" the general arrangement of topics in that work has been followed. That a real need exists for a suitable text-book on the law of Evidence, for use in law schools which do not look with favor upon the case-method of teaching, is generally conceded. The exhaustive treatises upon the subject are much too voluminous for this purpose; while the smaller ones, for various reasons, fall short of meeting it. That the present volume will meet this need is the earnest hope of the author, who, for fourteen years, six in the University of Michigan and eight in the University of Illinois, has had the pleasure of quizzing upon and teaching this important subject. With this end in view, no pains has been spared to secure system, clearness, brevity and accuracy. University of Illinois, August 1st, 1906. T. W. HUGHES. AS A TRIBUTE OF RESPECT AND GRATITUDE THIS VOLUME IS DEDICATED ΤΟ HON. O. A. HARKER, M. A. DEAN OF THE COLLEGE OF LAW, UNIVERSITY OF ILLINOIS WHO FOR TWENTY-FIVE YEARS WAS AN HONORED MEMBER OF THE |