"No one was present when life first appeared on earth. Therefore, any statement about life's origins should be considered as theory, not fact." ~Alabama State Board of Education
Are witnesses really necessary to count evolution as a legitimate theory? I think the definition of "observation" in the scientific method is being misconstrued here. Microevolution, natural selection, artificial selection, and even macroevolution have been witnessed. The fossil record, embryological+genetic+anatomical homologies, and gradualism are all observed data as well.