Page:A Desk-Book of Errors in English.djvu/94

evident exemplary, only a species of evidence through the medium of witnesses. The word evidence, in legal acceptation, includes all the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved." (Evidence, vol. i. ch. 1, p. 3.) Again "Evidence rests upon our faith in human testimony, as sanctioned by experience" (vol. i. ch. 10, p. 70). We may have the testimony of a traveler that a fugitive passed his way; but his footprints in the sand are evidence of the fact.

evident. Compare.

exasperate. Compare.

executer, executor: Discriminate carefully between these words. An executer is one who performs some act; a doer. An executor is one who in law administers an estate.

exceed, excel: Formerly exceed (from the Latin ex, forth, + cedo, go, = to go beyond the mark) had for one of its meanings excel ( from the Latin ex, out, + celsus, raised, = to go beyond in something good or praiseworthy; outdo). Now these words must be distinguished. This is to be particularly noted in the derivatives excessive and excellent—the former signifying an excess in that which ought not to be exceeded, the latter in that where it is praiseworthy to exceed. It is, therefore, not correct to speak of weather as being excessively cold; say rather, very or exceedingly cold. 78