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Excerpt from Famous Cases of Circumstantial Evidence: With an Introduction on the Theory of Presumptive Proof
Evidence and proof are often confounded, as implying the same idea; but they differ, as cause and effect. Proof is the legal credence which the law gives to any statement, by witnesses or writings; evidence is the legal process by which that proof is made. Hence, we say, that the law admits of no proof but such as is made agreeably to its own principles.
The principles of evidence are founded on our observations on human conduct, on common life, and living manners: they are not just because they. Are rules of law; but they are rules of law because they are just and reasonable.
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