e testimony by rote and that the repetition is in exactly the same
words, the lawyer would do better to desist.

Strange as it may seem the rules of evidence are actually based upon
common sense. The ordinary experience of mankind gave rise to the
rules of evidence, but the difficulty is that the further experience
of civilization is giving rise to new rules which are not consistent
with the old. Nevertheless the present rules when reasonably applied
are fairly good. The question really is whether there should be any at
all.

Accepting the fact that there should be rules they are based on two
principles; the first is that only something which has to do with a
case can be proved and second that it can be proved only in a safe and
reasonable way. It may seem impossible to the lawyer and equally to
the laymen to state the rules of evidence in simple language. But the
principles of common sense will govern in the end, as they have in the
past, notwithstanding they have been hidden under a mass of verbiage,
ancient forms, and obsolete customs.

The theory is that justice wants the highest and best it can obtain,
the court insists on the two principal rules; that evidence must be
the very best that can be obtained and must be brought out in the
safest, clearest, and most authentic manner.

Take, for instance, the rule that conclusions of the witness are not
allowed. If the court considered as evidence that the testimony "the
defendant brought the goods and they were delivered," and the
defendant came on the stand and said, "I did not buy the goods and
they were not delivered," the court would have before it merely two
contrary beliefs or conclusions. It would be a case of "Katy did, Katy
didn't."

The rule of evidence is plain that makes it necessary for the
plaintiff to show where he saw the defendant, what was done, and what
was said or written by the two parties. If the question is as to the
delivery, it is not enough for the plaintiff to say "I delivered the
goods." The court must have proof of the history of the goods. The
driver of the wagon must be called who can testify where he drove,
what package he carried, and what was done with it when he reached the
house.

The whole subject of expert witnesses is not so complicated after all.
They are merely persons of exceptional experience who are allowed to
testify as to something of which they know nothing. They may have
never seen nor heard the facts in dispute but