| 词汇 | Witness2 |
| 释义 | `1`Witness2 `2` "Legal Lexicon": Idiots and lunatics. An idiot cannot be examined as a witness, but a lunatic, during a lucid interval, may be examined. A person in a state of intoxication cannot be admitted as a witness. Interest in the event of the suit excludes the witness from examination, unless under certain circumstances. See article Interest. The exceptions are the cases of informers, when the statute makes them witnes-ses, although they may be entitled to a penalty persons entitled to a reward, are sometimes competent; agents are also admitted in order to prove a contract made by them on the part of the principal. A mere trustee may be examined by either party. An interested witness competency may be restored by a release. There are some persons who cannot be examined as witnesses, because it is inconsistent with public policy that they should testify against certain persons; these are, Husband and wife. The reason for excluding them from giving evidence, either for or against each other, is founded partly on their identity of interest, partly on a principle of public policy which deems it necessary to guard the security and confidence of private life, even at the risk of an occasional failure of justice. They cannot be witnesses for each other because their interests are absolutely the same; they are not witnesses against each other, because it is against the policy of marriage. This is the rule when either is a party to a civil suit or action. But where one of them, not being a party, is interested in the result, there is a distinction between the giving evidence for and against the other. It is an invariable rule that neither of them is a witness for the other who is interested in the result, and that where the husband is disqualified by his interest, the wife is also incompetent. On the other hand, where the interest of the husband, consisting in a civil liability, would not have protected him from examination, it seems that the wife must also answer, although the effect may be to subject her husband to an action. This case differs very materially from those where the husband himself could not have been examined, either because he was a party or because he would criminate himself. The party to whom the testimony of the wife is essential, has a legal interest in her evidence; and as he might insist on examining the husband, it would, it seems, be straining the rule of policy too far to deprive him of the benefit of the wife's testimony. In an action for goods sold and delivered, it has been held that the wife of a third person is competent to prove that the credit was given to her husband. When neither of them is either a party to the suit, nor interested in the general result, the husband or wife is, it seems, competent to prove any fact, provided the evidence does not directly criminate, or tend to criminate, the other. It has been held in Pennsylvania that the deposition of a wife on her death-bed, charging her husband with murdering her, was good evidence against him, on his trial for murder. On an indictment for a conspiracy in inveigling a young girl from her mother's house, and she being intoxicated, procuring the marriage ceremony to be recited between her and one of the defendants, the girl is a competent witness to prove the facts. And on an indictment for forcible entry, the wife of the prosecutor was examined as a witness to prove the force, but only the force. Go to Witness3 |
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