Chapter III: Front Matter (3)

EVERETT, a city, a sub-port of entry, and the county-seat of Snohomish county, Washington, U.S.A., on Puget Sound, at the mouth of the Snohomish river, about 35 m. N. of Seattle. Pop. (1900) 7838; (1910 U.S. census) 24,814. The city is served by the Northern Pacific and the Great Northern railways, being the western terminus of the latter's main transcontinental line, by interurban electric railway, and by several lines of Sound and coasting freight and passenger steamboats. Everett has a fine harbour with several large iron piers. Among its principal buildings are a Carnegie library, a Y.M.C.A. building and two hospitals. The buildings of the Pacific College were erected here by the United Norwegian Lutheran Church in 1908. The city is in a rich lumbering, gardening, farming, and copper-, gold- and silver-mining district. There is a U.S. assayer's office here, and there are extensive shipyards, a large paper mill, iron works, and, just outside the city limits, the smelters of the American Smelters Securities Company, in connexion with which is one of the two plants in the United States for saving arsenic from smelter fumes. Lumber interests, however, are of most importance, and here are some of the largest lumber plants in the Pacific Northwest. Red-cedar shingles are an important product. Everett was settled in 1891 and was incorporated in 1893. Its rapid growth is due to its favourable situation as a commercial port, its transportation facilities, and its nearness to extensive forests whence the material for its chief industries is obtained.

EVERGLADES, an American lake, about 8000 sq. m. in area, in which are numerous half-submerged islands; situated in the southern part of Florida, U.S.A., in Lee, De Soto, Dade and St Lucie counties. West of it is the Big Cypress Swamp. The floor of the lake is a limestone basin, extending from Lake Okechobee in the N. to the extreme S. part of the state, and the lake varies in depth from 1 to 12 ft., its water being pure and clear. The surface is above tide level, and the lake is enclosed, probably on all sides, within an outcropping limestone rim, averaging about 10 ft. above mean low tide, and approaching much nearer to the Atlantic on the E. than to the gulf on the W. There are several small outlets, such as the Miami river and the New river on the E. and the Shark river on the S.W., but no streams empty into the Everglades, and the water-supply is furnished by springs and precipitation. There is a general south-easterly movement of the water. The soil of the islands is very fertile and is subject to frequent inundations, but gradually the water area is being replaced by land. The vegetation is luxuriant, the live oak, wild lemon, wild orange, cucumber, papaw, custard apple and wild rubber trees being among the indigenous species; there are, besides, many varieties of wild flowers, the orchids being especially noteworthy. The fauna is also varied; the otter, alligator and crocodile are found, also the deer and panther, and among the native birds are the ibis, egret, heron and limpkin. There are two seasons, wet and dry, but the climate is equable.

Systematic exploration has been prevented by the dense growth of saw grass (_Cladium effusum_), a kind of sedge, with sharp, saw-toothed leaves, which grows everywhere on the muck-covered rock basin and extends several feet above the shallow water. The first white man to enter the region was Escalente de Fontenada, a Spanish captive of an Indian chief, who named the lake Laguno del Espiritu Santo and the islands Cayos del Espiritu Santo. Between 1841 and 1856 various United States military forces penetrated the Everglades for the purpose of attacking and driving out the Seminoles, who took refuge here. The most important explorations during the later years of the 19th century were those of Major Archie P. Williams in 1883, James E. Ingraham in 1892 and Hugh L. Willoughby in 1897. The Seminole Indians were in 1909 practically the only inhabitants. In 1850 under the "Arkansas Bill," or Swamp and Overflow Act, practically all of the Everglades, which the state had been urging the federal government to drain and reclaim, were turned over to the state for that purpose, with the provision that all proceeds from such lands be applied to their reclamation. A board of trustees for the Internal Improvement Fund, created in 1855 and having as members _ex officio_ the governor, comptroller, treasurer, attorney-general and commissioner-general, sold and allowed to railway companies much of the grant. Between 1881 and 1896 a private company owning 4,000,000 acres of the Everglades attempted to dig a canal from Lake Okechobee through Lake Hicpochee and along the Caloosahatchee river to the Gulf of Mexico; the canal was closed in 1902 by overflows. Six canals were begun under state control in 1905 from the lake to the Atlantic, the northernmost at Jensen, the southernmost at Ft. Lauderdale; the total cost, estimated at $1,035,000 for the reclamation of 12,500 sq. m., is raised by a drainage tax (not to exceed 10 cents per acre) levied by the trustees of the Internal Improvement Fund and Board of Drainage commissioners. The small area reclaimed prior to that year (1905) was found very fertile and particularly adapted to raising sugar-cane, oranges and garden truck.

See Hugh L. Willoughby's _Across the Everglades_ (Philadelphia, 1898),
and especially an article "The Everglades of Florida" by Edwin A. Dix
and John M. MacGonigle, in the _Century Magazine_ for February 1905.

EVERGREEN, a general term applied to plants which are always in leaf, as contrasted with deciduous trees which are bare for some part of the year (see HORTICULTURE). In temperate or colder zones where a season favourable to vegetation is succeeded by an unfavourable or winter season, leaves of evergreens must be protected from the frost and cold drying winds, and are therefore tougher or more leathery in texture than those of deciduous trees, and frequently, as in pines, firs and other conifers, are needle-like, thus exposing a much smaller surface to the drying action of cold winds. The number of seasons for which the leaves last varies in different plants; every season some of the older leaves fall, while new ones are regularly produced. The common English bramble is practically evergreen, the leaves lasting through winter and until the new leaves are developed next spring. In privet also the leaves fall after the production of new ones in the next year. In other cases the leaves last several years, as in conifers, and may sometimes be found on eleven-year-old shoots.

EVERLASTING, or IMMORTELLE, a plant belonging to the division _Tubuliflorae_ of the natural order Compositae, known botanically as _Helichrysum orientale_. It is a native of North Africa, Crete, and the parts of Asia bordering on the Mediterranean; and it is cultivated in many parts of Europe. It first became known in Europe about the year 1629, and has been cultivated since 1815. In common with several other plants of the same group, known as "everlastings," the immortelle plant possesses a large involucre of dry scale-like or scarious bracts, which preserve their appearance when dried, provided the plant be gathered in proper condition. The chief supplies of _Helichrysum orientale_ come from lower Provence, where it is cultivated in large quantities on the ground sloping to the Mediterranean, in positions well exposed to the sun, and usually in plots surrounded by dry stone walls. The finest flowers are grown on the slopes of Bandols and Ciotat, where the plant begins to flower in June. It requires a light sandy or stony soil, and is very readily injured by rain or heavy dews. It can be propagated in quantity by means of offsets from the older stems. The flowering stems are gathered in June, when the bracts are fully developed, all the fully-expanded and immature flowers being pulled off and rejected. A well-managed plantation is productive for eight or ten years. The plant is tufted in its growth, each plant producing 60 or 70 stems, while each stem produces an average of 20 flowers. About 400 such stems weigh a kilogramme. A hectare of ground will produce 40,000 plants, bearing from 2,400,000 to 2,800,000 stems, and weighing from 5-1/2 to 6-1/2 tons, or from 2 to 3 tons per acre. The colour of the bracts is a deep yellow. The natural flowers are commonly used for garlands for the dead, or plants dyed black are mixed with the yellow ones. The plant is also dyed green or orange-red, and thus employed for bouquets or other ornamental purposes.

Other species of _Helichrysum_ and species of allied genera with scarious heads of flowers are also known as "everlastings." One of the best known is the Australian species _H. bracteatum_, with several varieties, including double forms, of different colours; _H. vestitum_ (Cape of Good Hope) has white satiny heads. Others are species of _Helipterum_ (West Australia and South Africa), _Ammobium_ and _Waitzia_ (Australia) and _Xeranthemum_ (south Europe). Several members of the natural order Amarantaceae have also "everlasting" flowers; such are _Gomphrena globosa_, with rounded or oval heads of white, orange, rose or violet, scarious bracts, and _Celosia pyramidalis_, with its elegant, loose, pyramidal inflorescences. Frequently these everlastings are mixed with bleached grasses, as _Lagurus ovatus_, _Briza maxima_, _Bromus brizaeformis_, or with the leaves of the Cape silver tree (_Leucadendron argenteum_), to form bouquets or ornamental groups.

EVERSLEY, CHARLES SHAW LEFEVRE, VISCOUNT (1794-1888), speaker of the British House of Commons, eldest son of Mr Charles Shaw (who assumed his wife's name of Lefevre in addition to his own on his marriage), was born in London on the 22nd of February 1794, and educated at Winchester and at Trinity College, Cambridge. He was called to the bar in 1819, and though a diligent student was also a keen sportsman. Marrying a daughter of Mr Samuel Whitbread, whose wife was the sister of Earl Grey, afterwards premier, he thus became connected with two influential political families, and in 1830 he entered the House of Commons as member for Downton, in the Liberal interest. In 1831 he was returned, after a severe contest, as one of the county members for Hampshire, in which he resided; and after the passing of the Reform Act of 1832 he was elected for the Northern Division of the county. For some years Mr Shaw Lefevre was chairman of a committee on petitions for private bills. In 1835 he was chairman of a committee on agricultural distress, but as his report was not accepted by the House, he published it as a pamphlet addressed to his constituents. He acquired a high reputation in the House of Commons for his judicial fairness, combined with singular tact and courtesy, and when Mr James Abercromby retired in 1839, he was nominated as the Liberal candidate for the chair. The Conservatives put forward Henry Goulburn, but Mr Shaw Lefevre was elected by 317 votes to 299. The period was one of fierce party conflict, and the debates were frequently very acrimonious; but the dignity, temper and firmness of the new speaker were never at fault. In 1857 he had served longer than any of his predecessors, except the celebrated Arthur Onslow (1691-1768), who was speaker for more than 33 years in five successive parliaments. Retiring on a pension, he was raised to the peerage as Viscount Eversley of Heckfield, in the county of Southampton. His appearances in the House of Lords were very infrequent, but in his own county he was active in the public service. From 1859 he was an ecclesiastical commissioner, and he was also appointed a trustee of the British Museum. He died on the 28th of December 1888, the viscountcy becoming extinct.

His younger brother, SIR JOHN GEORGE SHAW LEFEVRE (1797-1879), who was senior wrangler at Cambridge in 1818, had a long and distinguished career as a public official. He was under-secretary for the colonies, and had much to do with the introduction of the new poor law in 1834, and with the foundation of the colony of South Australia; then having served on several important commissions he was made clerk of the parliaments in 1855, and in the same year became one of the first civil service commissioners. He helped to found the university of London, of which he was vice-chancellor for twenty years, and also the Athenaeum Club. He died on the 20th of August 1879.

The latter's son, GEORGE JOHN SHAW LEFEVRE (b. 1832), was created Baron Eversley in 1906, in recognition of long and prominent services to the Liberal party. He had filled the following offices:--civil lord of the admiralty, 1856; secretary to the board of trade, 1869-1871; under-secretary, home office, 1871; secretary to the admiralty, 1871-1874; first commissioner of works, 1881-1883; postmaster-general, 1883-1884; first commissioner of works, 1892-1893; president of local government board, 1894-1895; chairman of royal commission on agriculture, 1893-1896.

EVESHAM, a market-town and municipal borough in the Evesham parliamentary division of Worcestershire, England, 107 m. W.N.W. of London by the Great Western railway, and 15 m. S.E. by E. of Worcester, with a station on the Redditch-Ashchurch branch of the Midland railway. Pop. (1901) 7101. It lies on the right (north) bank of the Avon, in the rich and beautiful Vale of Evesham. The district is devoted to market-gardening and orchards, and the trade of the town is mainly agricultural. Evesham is a place of considerable antiquity, a Benedictine house having been founded here by St Egwin in the 8th century. It became a wealthy abbey, but was almost wholly destroyed at the Dissolution. The churchyard, however, is entered by a Norman gateway, and there survives also a magnificent isolated bell-tower dating from 1533, of the best ornate Perpendicular workmanship. The abbey walls surround the churchyard, but almost the only other remnant is a single Decorated arch. Close to the bell-tower, however, are the two parish churches of St Lawrence and of All Saints, the former of the 16th century, the latter containing Early English work, and the ornate chapel of Abbot Lichfield, who erected the bell-tower. Other buildings include an Elizabethan town hall, the grammar school, founded by Abbot Lichfield, and the picturesque almonry. The borough includes the parish of Bengeworth St Peter, on the left bank of the river. Evesham is governed by a mayor, 4 aldermen and 12 councillors. Area, 2265 acres.

Evesham (_Homme_, _Ethomme_) grew up around the Benedictine abbey, and had evidently become of some importance as a trading centre in 1055, when Edward the Confessor gave it a market and the privileges of a commercial town. It is uncertain when the town first became a borough, but the Domesday statement that the men paid 20s. may indicate the existence of a more or less organized body of tradesmen. Before 1482 the burgesses were holding the town at a fee farm rent of twenty marks, but the abbot still had practical control of the town, and his steward presided over the court at which the bailiffs were chosen. After the Dissolution the manor with the markets and fairs and other privileges was granted to Sir Philip Hoby, who increased his power over the town by persuading the burgesses to agree that, after they had nominated six candidates for the office of bailiff, the steward of the court instructed by him should indicate the two to be chosen. This privilege was contested by Queen Elizabeth, but when the case was taken before the court of the exchequer it was decided in favour of Sir Philip's heir, Sir Edward Hoby. In 1604 James I. granted the burgesses their first charter, but in the following year, by a second charter, he incorporated Evesham with the village of Bengeworth, and granted that the borough should be governed by a mayor and seven aldermen, to whom he gave the power of holding markets and fairs and several other privileges which had formerly belonged to the lord of the manor. Evesham received two later charters, but in 1688 that of 1605 was restored and still remains the governing charter of the borough. Evesham returned two members to parliament in 1295 and again in 1337, after which date the privilege lapsed until 1604. Its two members were reduced to one by the act of 1867, and the borough was disfranchised in 1885.

Evesham gave its name to the famous battle, fought on the 4th of August 1265, between the forces of Simon de Montfort, earl of Leicester, and the royalist army under Prince Edward. After a masterly campaign, in which the prince had succeeded in defeating Leicester in the valleys of the Severn and Usk, and had destroyed the forces of the younger Montfort at Kenilworth before he could effect a junction with the main body, the royalist forces approached Evesham in the morning of the 4th of August in time to intercept Leicester's march towards Kenilworth. Caught in the bend of the river Avon by the converging columns, and surrounded on all sides, the old earl attempted to cut his way out of the town to the northward. At first the fury of his assault forced back the superior numbers of the prince; but Simon's Welsh levies melted away and his enemies closed the last avenue of escape. The final struggle took place on Green Hill, a little to the north-west of the town, where the devoted friends of de Montfort formed a ring round their leader, and died with him. The spot is marked with an obelisk.

EVIDENCE (Lat. _evidentia_, _evideri_, to appear clearly), a term which may be defined briefly as denoting the facts presented to the mind of a person for the purpose of enabling him to decide a disputed question. Evidence in the widest sense includes all such facts, and reference may be made to the article LOGIC for the science or art of dealing with the proper way of drawing correct conclusions and the nature of proof. In a narrower sense, however, evidence includes in English law only such facts as are allowed to be so presented in the course of judicial proceedings. Thus we say that a fact is not evidence, meaning thereby that it is not admissible as evidence in accordance with the rules of English law. The law of legal evidence is part of the law of procedure. It determines the kinds of evidence which may be produced in judicial proceedings, and regulates the mode in which, and the conditions under which, evidence may be produced and tested.

History.

The English law of evidence is of comparatively modern growth. It enshrines certain maxims, some derived from Roman law, some invented by Coke, who, as J.B. Thayer says, "spawned Latin maxims freely." But for the most part it was built up by English judges in the course of the 18th century, and consists of this judge-made law, as modified by statutory enactments of the 19th century. Early Teutonic procedure knew nothing of evidence in the modern sense, just as it knew nothing of trials in the modern sense. What it knew was "proofs." There were two modes of proof, ordeals and oaths. Both were appeals to the supernatural. The judicial combat was a bilateral ordeal. Proof followed, instead of preceding, judgment. A judgment of the court, called by German writers the _Beweisurteil_, and by M.M. Bigelow the "medial judgment," awarded that one of the two litigants must prove his case, by his body in battle, or by a one-sided ordeal, or by an oath with oath-helpers, or by the oaths of witnesses. The court had no desire to hear or weigh conflicting testimony. To do so would have been to exercise critical faculties, which the court did not possess, and the exercise of which would have been foreign to the whole spirit of the age. The litigant upon whom the burden of furnishing proof was imposed had a certain task to perform. If he performed it, he won; if he failed, he lost. The number of oath-helpers varied in different cases, and was determined by the law or by the court. They were probably, at the outset, kinsmen, who would have had to take up the blood-feud. At a later stage they became witnesses to character. In the cases, comparatively rare, where the oaths of witnesses were admitted as proof, their oaths differed materially from the sworn testimony of modern courts. As a rule no one could testify to a fact unless, when the fact happened, he was solemnly "taken to witness." Then, when the witness was adduced, he came merely to swear to a set formula. He did not make a promissory oath to answer questions truly. He merely made an assertory oath in a prescribed form.

In the course of the 12th and 13th centuries the old formal accusatory procedure began to break down, and to be superseded by another form of procedure known as _inquisitio_, inquest, or _enquete_. Its decay was hastened by the decree of the fourth Lateran Council in 1215, which forbade ecclesiastics to take part in ordeals. The Norman administrative system introduced into England by the Conquest was familiar with a method of ascertaining and determining facts by means of a verdict, return or finding made on oath by a body of men drawn from the locality. The system may be traced to Carolingian, and even earlier, sources. Henry II., by instituting the grand assize and the four petty assizes, placed at the disposal of litigants in certain actions the opportunity of giving proof by the verdict of a sworn inquest of neighbours, proof "by the country." The system was gradually extended to other cases, criminal as well as civil. The verdict given was that of persons having a general, but not necessarily a particular, acquaintance with the persons, places and facts to which the inquiry related. It was, in fact, a finding by local popular opinion. Had the finding of such an inquest been treated as final and conclusive in criminal cases, English criminal procedure might, like the continental inquisition, the French _enquete_, have taken the path which, in the forcible language of Fortescue (_De laudibus_, &c.) "leads to hell" (_semita ipsa est ad gehennam_). Fortunately English criminal procedure took a different course. The spirit of the old accusatory procedure was applied to the new procedure by inquest. In serious cases the words of the jurors, the accusing jurors, were treated not as testimony, but as accusation, the new indictment was treated as corresponding to the old appeal, and the preliminary finding by the accusing jury had to be supplemented by the verdict of another jury. In course of time the second jury were required to base their findings not on their own knowledge, but on evidence submitted to them. Thus the modern system of inquiry by grand jury and trial by petty jury was gradually developed.

A few words may here be said about the parallel development of criminal procedure on the continent of Europe. The tendency in the 12th and 13th centuries to abolish the old formal methods of procedure, and to give the new procedure the name of inquisition or inquest, was not peculiar to England. Elsewhere the old procedure was breaking down at the same time, and for similar reasons. It was the great pope Innocent III., the pope of the fourth Lateran Council, who introduced the new inquisitorial procedure into the canon law. The procedure was applied to cases of heresy, and, as so applied, especially by the Dominicans, speedily assumed the features which made it infamous. "Every safeguard of innocence was abolished or disregarded; torture was freely used. Everything seems to have been done to secure a conviction." Yet, in spite of its monstrous defects, the inquisitorial procedure of the ecclesiastical courts, secret in its methods, unfair to the accused, having torture as an integral element, gradually forced its way into the temporal courts, and may almost be said to have been adopted by the common law of western Europe. In connexion with this inquisitorial procedure continental jurists elaborated a theory of evidence, or judicial proofs, which formed the subject of an extensive literature. Under the rules thus evolved full proof (_plena probatio_) was essential for conviction, in the absence of confession, and the standard of full proof was fixed so high that it was in most cases unattainable. It therefore became material to obtain confession by some means or other. The most effective means was torture, and thus torture became an essential feature in criminal procedure. The rules of evidence attempted to graduate the weight to be attached to different kinds of testimony and almost to estimate that weight in numerical terms. "Le parlement de Toulouse," said Voltaire, "a un usage tres singulier dans les preuves par temoins. On admet ailleurs des demi-preuves, ... mais a Toulouse on admet des quarts et des huitiemes de preuves." Modern continental procedure, as embodied in the most recent codes, has removed the worst features of inquisitorial procedure, and has shaken itself free from the trammels imposed by the old theory and technical rules of proof. But in this, as in other branches of law, France seems to have paid the penalty for having been first in the field with codification by lagging behind in material reforms. The French Code of Criminal Procedure was largely based on Colbert's Ordonnance of 1670, and though embodying some reforms, and since amended on certain points, still retains some of the features of the unreformed procedure which was condemned in the 18th century by Voltaire and the _philosophes_. Military procedure is in the rear of civil procedure, and the trial of Captain Dreyfus at Rennes in 1899 presented some interesting archaisms. Among these were the weight attached to the rank and position of witnesses as compared with the intrinsic character of their evidence, and the extraordinary importance attributed to confession even when made under suspicious circumstances and supported by flimsy evidence.

The history of criminal procedure in England has been traced by Sir James Stephen. The modern rules and practice as to evidence and witnesses in the common law courts, both in civil and in criminal cases, appear to have taken shape in the course of the 18th century. The first systematic treatise on the English law of evidence appears to have been written by Chief Baron Gilbert, who died in 1726, but whose _Law of Evidence_ was not published until 1761. In writing it he is said to have been much influenced by Locke.[1] It is highly praised by Blackstone as "a work which it is impossible to abstract or abridge without losing some beauty and destroying the charm of the whole"; but Bentham, who rarely agrees with Blackstone, speaks of it as running throughout "in the same strain of anility, garrulity, narrow-mindedness, absurdity, perpetual misrepresentation and indefatigable self-contradiction." In any case it remained the standard authority on the law of evidence throughout the remainder of the 18th century. Bentham wrote his _Rationale of Judicial Evidence, specially applied to English Practice_, at various times between the years 1802 and 1812. By this time he had lost the nervous and simple style of his youth, and required an editor to make him readable. His great interpreter, Dumont, condensed his views on evidence into the _Traite des preuves judiciaires_, which was published in 1823. The manuscript of the _Rationale_ was edited for English reading, and to a great extent rewritten, by J.S. Mill, and was published in five volumes in 1827. The book had a great effect both in England and on the continent. The English version, though crabbed and artificial in style, and unmeasured in its invective, is a storehouse of comments and criticisms on the principles of evidence and the practice of the courts, which are always shrewd and often profound. Bentham examined the practice of the courts by the light of practical utility. Starting from the principle that the object of judicial evidence is the discovery of truth, he condemned the rules which excluded some of the best sources of evidence. The most characteristic feature of the common-law rules of evidence was, as Bentham pointed out, and, indeed, still is, their exclusionary character. They excluded and prohibited the use of certain kinds of evidence which would be used in ordinary inquiries. In particular, they disqualified certain classes of witnesses on the ground of interest in the subject-matter of the inquiry, instead of treating the interest of the witness as a matter affecting his credibility. It was against this confusion between competency and credibility that Bentham directed his principal attack. He also attacked the system of paper evidence, evidence by means of affidavits instead of by oral testimony in court, which prevailed in the court of chancery, and in ecclesiastical courts. Subsequent legislation has endorsed his criticisms. The Judicature Acts have reduced the use of affidavits in chancery proceedings within reasonable limits. A series of acts of parliament have removed, step by step, almost all the disqualifications which formerly made certain witnesses incompetent to testify.

Before Bentham's work appeared, an act of 1814 had removed the incompetency of ratepayers as witnesses in certain cases relating to parishes. The Civil Procedure Act 1833 enacted that a witness should not be objected to as incompetent, solely on the ground that the verdict or judgment would be admissible in evidence for or against him. An act of 1840 removed some doubts as to the competency of ratepayers to give evidence in matters relating to their parish. The Evidence Act 1843 enacted broadly that witnesses should not be excluded from giving evidence by reason of incapacity from crime or interest. The Evidence