EUG 
liquid, by brisk agitation. An absorption 
of oxygen, if present, ensues, and to supply 
its place, the stopper in the side of the bot- 
tle is opened under water, a quantity of 
which rushes into the bottle ; the stopper 
is then replaced under water, the agitation 
renewed, and these operations are alter- 
nately performed, till no farther diminution 
takes place; the tube is then withdrawn, 
while the neck of the bottle is under water, 
and after the tube has been kept in this si- 
tuation for a few minutes, the quantity of 
the diminution will be seen by the gra- 
duated scale upon the tube. 
Tubes fitted up for exploding a mixture 
of hydrogen, or other inflammable gases, 
with oxygen gas, have been called the eu- 
diometers of Volta ; they are usually made 
very strong, and are provided with two 
wires, which pass through sockets cement- 
ed in holes drilled through the glass, near 
the top, which is not perforated. The elec- 
tric spark being passed between these 
wires, gives fire to the gases, not without 
some risk of blowing out the confining li- 
quid, or breaking the glass. 
EVEN number, in arithmetic, that which 
can be divided into two equal parts : such 
are 4, 10, 40, &c. A number is said to be 
evenly even, when being even itself, it is 
measured by an even one, an even number 
of times : such is 32, as being measured by 
the even number 8, an even number of 
times 4. Evenly odd number is, that which 
an even number doth measure by an odd 
one ; such is 30, which 2 or 6, both even 
numbers, do measure by 15 or 5, odd ones. 
EVERGREEN, in gardening, a species 
of perennials which continue their verdure, 
leaves, &c. all the year: such are hollies, 
phillyria’s, laurustinus’s, bays, pines, firs, 
cedars of Lebanon, &c. 
EVERLASTING pea, the name of a 
perennial plant of the vetch kind, which 
grows naturally in some places, is easily 
cultivated, annually yields plenty of excel- 
lent provender, and may be cultivated to 
advantage as green food for cattle, on al- 
most any strong soil. 
EVES droppers, or Eaves droppers, per- 
sons who listen under walls or windows, or 
the eaves of a house, by night or day, to 
hear news, and to carry them to others to 
cause strife among neighbours; and who 
may be presented at tire leet, or bound to 
their good behaviour, and punished by stat. 
Westminster, 1. c, 33. 
EUGENIA, in botany, so named in 
honour of Prince Eugene of Savoy, a genus 
E VI 
of the Icosandria Monogynia class and or- 
der. Natural order of Hesperideas. Myrti, 
Jussieu. Essential character: calyx four- 
parted, superior ; petals four ; drupe one- 
seeded, four-cornered. There are eleven 
species. These are trees or shrubs, all na- 
tives of the East or West Indies. The 
flowers are borne on peduncles, proceeding 
either from the axils or ends of the branches, 
singly or many together, in a trichotomous 
structure. 
EVIDENCE, in law, proof by testimony 
of witnesses on oath, or by writings, or re- 
cords adduced before a court, or magistrate 
of competent jurisdiction. It is two-fold, 
either written or verbal ; the former by re- 
cords, deeds, bonds, or other written docu- 
ments, the latter by witnesses examined 
viva voce, and called technically, parole evi- 
dence. It . is also either absolute or pre- 
sumptive ; and may be that which is given 
in proof by the parties, or which the jury 
know of themselves, for every thing which 
makes a fact or thing evident to them, is 
called evidence. 
The system of evidence adopted in our 
courts, is very comprehensive and refined. 
The first rule is, that the affirmative of the 
issue, or matter brought in question by the 
proceedings, shall be proved ; for a nega- 
tive, generally speaking, cannot be proved, 
at least, without such circuity, as renders it 
almost impossible. Where a man is charged 
with not doing an act, which by law he is 
required to do, however, this requires some 
exception, but even then, some evidence 
is given to prove it. No evidence not re- 
lating to the issue, or in some manner con- 
nected with it, can be received ; nor can 
the character of either party, unless put in 
issue by the very proceeding itself, be 
called in question. The most general and 
fundamental principle is, that the best evi- 
dence the nature of the cause will admit 
shall be produced; for if better evidence 
might have been adduced, its being with- 
held furnishes a suspicion adverse to the 
party in whose power it was to produce it. 
So that of a written contract in the custody 
of the party, no parole evidence can be re- 
ceived as to its contents. But if a deed be 
burnt, or destroyed by accident, upon posi- 
tive proof of that fact, other evidence may 
be given of its contents, and it need not be 
produced. 
Witnesses are summoned by writ of sub- 
poena, to attend on penalty of 1001. to the 
King, and 101. to the party, by statute 
5 Eliz, c. 9. besides damages sustained by 
