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TABLE OF CONTENTS.
OF MENTAL DISQUALIFICATIONS.
1. Preliminary Observations.-2. Insufficient Understanding.
3. Idiots.-4. Insane Persons.-5. Intoxicated Persons.
6. Deaf-Mutes.-7. Children: Age as affecting Competency.
-S. The Requisite Religious Instruction.-9. Competency of
Witness as dependent upon Means of Knowledge.-10. Effect
of Imperfect Recollection
OF MORAL DISQUALIFICATIONS.
11. Defect of Religious Belief.-12. Ascertaining Competency with
Reference to Religious Belief.-13. Statutory Abolition of In-
competency upon this Ground.-14. Common-Law Rule as to
Infamous Persons.-15. What constitutes Infamy.-16. How
Infamy may be proved.-17. Effect of Foreign Judgment of
Conviction.-18. Effect of Conviction of Minor Offence.
19. Removal of Incompetency by Pardon, Reversal of Judgment,
or Expiration of Sentence. 20. Abolition of the Disability by
OF SOCIAL DISQUALIFICATIONS.
22. Indians.-23. Negroes and Slaves.-24. Chinamen .
COMMON-LAW RULE AS TO PARTIES TO THE RECORD.
25. The General Rule excluding them.-26. The Scope and Extent
of the Rule.-27. Its Limits and Exceptions.-28. Disinter-
ested, Nominal, and Unnecessary Parties.-29. Parties Liable
for Costs.-30. The Rule in Courts of Equity.-31. Competency
of One Party as a Witness for Another Party.—32. Competency
of Defendant for Co-defendant, generally. — 33.
on Contract. -34. in Actions of Tort. 35. in Suits
in Equity.36. Competency of Defendant for Plaintiff.-37.
Competency of Plaintiff for Defendant.-38. Effect of Default,
Nolle Prosequi, or Verdict, in Actions on Contract. -39. in
Actions of Tort.-40. Effect of Misjoinder of Parties Defend-
ant.-41. Witness made Party by Mistake. —42. Common Law
Rule as to Defendants in Criminal Cases. 43. Effect of Sepa-
rate Indictments or Separate Trials. 44. Effect of examining
Adverse Party as a Witness.-45. Competency of Judges and
COMMON-LAW RULE AS TO PERSONS INTERESTED IN THE EVENT.
46. The General Rule excluding them.
Interest is balanced. - 49.
of the Rule. — 48. Operation of the Rule as to Witnesses whose
or preponderates against the
or who will testify against Inter-
Party calling them.-50.
est. 51. Witness Liable for Costs.
VARIOUS ILLUSTRATIONS OF THE RULE AS TO PARTIES AND PERSONS
52. Assignor or Assignee.- 53. Attorneys. - 54. Bail. - 55. Bailor
or Bailee. - 56. Bankrupts. 57. Debtor or Creditor.- 58.
Donor or Donee. 59. Grantor or Grantee. 60. Guardian or
Ward. 61. Heirs, Devisees, Legatees, and Next of Kin. —
62. Jurors, Grand and Petit. 63. Laudlord or Tenant.-
64. Mortgagor or Mortgagee.-65. Negotiable Paper, Parties
to. - 66. Non-Negotiable Paper, Parties to.-67. Obligor and
Obligee. 68. Officers.-69. Parent or Child.-70. Partners. —
71. Part-Owners.-72. Personal Representatives.—73. Princi-
pal or Agent. -74. Principal or Surety. -75. Prosecutors and
Informers.—76. Servants. -77. Shareholders and Corporate
Officers. 78. Trustee or Cestui que Trust.—79. Usurious Con-
tracts, Parties to.. 80. Vendor and Purchaser of Lands. — 81.
RESTORATION TO COMPETENCY BY RELEASE OR ASSIGNMENT OF INTER-
EST, PAYMENT, OR OTHER DIVESTMENT OF INTEREST.
83. Release of Interest, generally. -84. Who may give a Release. —
85. When the Court may release. 86. Time to execute Release.
-87. What Interests are, and what are not removed. -88. What
is a Good and Sufficient Release. -89. Assignment or Transfer
of Interest. 90. Divestment of Interest by Payment. -91.
by Disclaimer of Title.-92. by Judgment for or against
the Witness.-93. Effect of Indemnifying the Witness.-94.
Other Modes of restoring Competency.-95. Necessity of Seal;
Assent; Delivery.-96. Proof of Release; Objections, etc.
OPERATION OF ENABLING STATUTES IN CIVIL CASES.
97. In General.-98. United States Courts. -99. District of Colum-
bia. 100. Alabama. - 101. Arizona. 102. Arkansas. 103.
California. -104. Colorado. - 105. Connecticut.-106. Dakota.
107. Delaware.— 108. Florida. — 109. Georgia. 110. Idaho.
-111. Illinois. - 112. Indiana. - 113. Iowa.-114. Kansas.
115. Kentucky. -116. Louisiana. -117. Maine. 118. Mary-
land.-119. Massachusetts. - 120. Michigan.-121. Minnesota.
122. Mississippi. - 123. Missouri. - 124. Montana.
Nebraska. 126. Nevada. - 127. New Hampshire.-128. New
Jersey. 129. New Mexico.-130. New York. - 131. North
Carolina. - 132. Ohio. 133. Oregon.- 134. Pennsylvania. -
135. Rhode Island.-136. South Carolina. 137. Tennessee. -
138. Texas. -139. Utah.—140. Vermont.—141. Virginia.
142. Washington Territory. -143. West Virginia. 144. Wis-
STATUTORY COMPETENCY OF DEFENDANTS IN CRIMINAL CASES.
146. In General; and herein of the Necessity of a Statute. — 147.
Character of the Enabling Acts.-148. Extent of the Right to
testify. 149. Right to show Intent.- 150. Effect of Omission
to testify; Comments by Counsel.-151. Effect of becoming a
Witness; Legitimate Comments.-152. His Testimony Admis-
sible against him on a New Trial.-153. Statement of Accused. 247
RULES AS TO HUSBAND AND WIFE.
154. The Common-Law Rule excluding them.-155. Scope and Ex-
tent of the Rule.—156. Not Competent against each other. —
157. Or for each other. 158. Or to prove Non-Access.159.
Proving the Marriage: its Duration Immaterial.—160. Limits
and Exceptions to the Rule.-161. Collateral Proceedings..
162. Cases of Agency. -163. Effect of Consent, or Release of
Interest.-164. Surviving Husband.- 165. Widow. -166. Di-
vorced Spouse. — 167. Cases of Personal Injuries. — 168. Actions
for Divorce, or to annul the Marriage. — 169. Actions for Abduc-
tion, or for Criminal Conversation. — 170. Criminal Actions. . 266
TRYING THE QUESTION OF COMPETENCY.
171. Objections to Competency, generally.-172. Grounds of Objec-
tion. — 173. The Proper Time to interpose the Objection.—
174. Trial of Objections to Competency.-175. Examination on
the Voir Dire.-176. Producing Extrinsic Evidence.—177. Pre-
sumptions and Burden of Proof.-178. Waiver of Objections to
Competency.179. Review. Errors cured below
. . 293
PART II.- CREDIBILITY.
180. The Question of Credibility one for the Jury.—181. How far
dependent on Means of Knowledge or Recollection. — 182. Or
on the Character and Conduct of the Witness.-183. Or his
Manner and Appearance. 184. Or his Bias or Interest.— 185.
Or Relationship to Party calling him.-186. Credibility of Par-
ties in Civil Actions.-187. Of Agents and Servants. 188. Of
Accomplices.-189. Of Spies and Informers.—190. Of Defend-
ants in Criminal Cases.—191. Rules for weighing Testimony.
-192. The Maxim "falsus in uno falsus in omnibus.”—193. Posi-
tive and Negative Testimony.-194. Conflicting Testimony. -
195. When one Witness is Sufficient
CONTRADICTING, DISCREDITING, AND IMPEACHING WITNESSES.
196. The Right to contradict or impeach a Witness.—197. Right to
impeach Character. -198. Competency of Witness to Character.
-199. What Questions may be put to Witness to Character. —
200. Sufficiency and Effect of Proof as to Character. — 201.
Showing Previous Conviction or Prosecution for Crime.-202.
Showing Bias or Prejudice.-203. Proof of Contradictory or
Inconsistent Statements, generally. — 204. Can Former State-
ment be proved where Witness neither admits nor denies?-
205. Proof of Contradictory Written Statements.—206. Whole
Paper need not be shown Witness.-207. Proving Contents of
Lost Writing.-208. Cross-Examination as to Previous State-
ments must show whether they were in Writing or in Words.
209. Contradiction not allowed where Former Statement is Im-
pertinent or Immaterial.—210. Showing Previous Expressions
of Opinion Inconsistent with Witness' Testimony
DISPROVING OR IMPEACHING THE EVIDENCE OF ONE'S OWN WITNESS.
211. The General Rule forbidding Impeachment.-212. Its Scope
and Extent. -213. Its Limits and Exceptions. -214. Fact sworn
to may be disproved. -215. How far the Rule applies where One
Party calls the Adverse Party.-216. Unfriendly or Hostile
CONFIRMING AND CORROBORATING WITNESSES.
217. The Right to corroborate a Witness.-218. The Necessity of
Corroboration, generally.-219. Where Witness is shown to
have falsified.—220. To overcome Answer in Chancery.-221.
Competency of Corroborating Evidence.-222. Its Sufficiency
and Effect.223. Sustaining a Witness by Proof of Character.
-224. Showing Previous Consistent Statements.-225. Corrob-
oration of Prosecuting Witnesses in Certain Cases
CORROBORATION OF ACCOMPLICES.
226. The Necessity of Corroboration.-227. Its Sufficiency.-228.
Who are deemed Accomplices within the Rule.
PART III. — EXAMINATION.
229. Discretionary Powers of the Court.-230. The Order of Exami-
nation.231. Notice of Intention to examine a Witness.-
232. Examination on the Voir Dire..