An interested witness competency may be restored by a release. A mere trustee may be examined by either party. v.) are sometimes competent agents are also admitted in order to prove a contract made by them on the part of the principal, 1 Phil. v.) when the statute makes them witnesses, although they may be entitled to a penalty 1 Phil. The exceptions are the cases of informers, ( q. Interest in the event of the suit excludes the witness from examination, unless under certain circumstances. A person in a state of intoxication cannot be admitted as a witness. An idiot cannot be examined as a witness,īut a lunatic, ( q. 105 when he is over fourteen he may be sworn without a previous examination. When the child is under fourteen, he is presumed incapable until capacity is shown 2 Tenn. This appears to be the rule in England though formerly it was held by some judges that it was a presumption of law that the child was incompetent when he was under seven years of age. A child of any age capable of distinguishing between good and evil may be examined as a witness and in all cases, the examination must be under oath or affirmation. There are two classes of persons of this kind.Ĩ.-1. Persons who want understanding, it is clear, cannot be witnesses, because they are to depose to facts which they know and if they have no understanding, they cannot know the facts.
Because his admission is contrary to public policy. As to the quality of the witnesses, it is a general rule that all persons way be witnesses. Vide Circumstances Competency Credibility.Ħ.-11. It is true that until impeached one witness is as good as another but when a witness is impeached, although he remains competent, he is not as credible as before.
When the facts to which the witness testifies agree with the circumstances which are known to exist, he becomes much more credible than when there is a contradiction in this respect. The confidence therefore, which we give to the witness must be considered, in the first place, by his capacity or his organization, and in the next, by the interest or motive which he has to tell or not to tell the truth. That he is disposed to tell the truth, and has no desire to impose on those who are to form a judgment on his testimony. That he knows the facts in question, and that he is not mistaken and, 2d. When we are called upon to rely on the testimony of another in order to form a judgment as to certain facts, we must be certain, 1st. The number of witnesses required by law.ĥ.-1. To be certain that they have not been deceived, and that they do not wish to mislead, we must ascertain, as far as possible, the nature and the quality of the facts proved the quality and the person of the witness and the testimony itself, by comparing it with the deposition of other witnesses, or with known facts. We presume, in the first place, on the good sense of the witnesses that they have not been mistaken and, secondly, we presume on their probity that they wish not to deceive. This proof derives its whole force from a double presumption. We conclude then, by analogy, with a sort of moral certainty, that a fact attested by several witnesses, worthy of credit, is true. When in the calm of the passions, we listen only to the voice of reason and the impulse of nature we feel in ourselves a great repugnance to betray the truth, to the prejudice of another, and we have observes that honest, intelligent and disinterested persons never combine to deceive others by a falsehood. Result no other certainty from their testimony than what arises from analogy.
That they are mistaken, or wish themselves to deceive. The testimony of witnesses can never have the effect of a demonstration, because it is not impossible, indeed it frequently happens, When a person signs his name to an instrument, as a deed, a bond, and the like, to signify that the same was executed in his presence, he is called an attesting witness.ģ. In another sense by witness is understood one who is called upon to be present at a transaction, as a wedding, or the making of a will. One who, being sworn or affirmed, according to law, deposes as to his knowledge of facts in issue between the parties in a cause.Ģ.
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