A Treatise on the Law of Evidence, Nide 1C.C. Little and J. Brown, 1846 |
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action admitted aliunde allegation attorney authority bill Bing Bull Campb Chancery circumstances cited claim Common Law competent witness conclusive conclusive presumption confession Conn contract Court Cowen & Hill's Cowp Cranch crime criminal cross-examination debt declarations declarations against interest deed deemed defendant dence doctrine dying declarations East Ellenborough entries estopped estoppel examination fact favor fraud Greenl ground hearsay Hill's note inadmissible indictment instrument interest issue Jackson Johns judgment Jury justice Lord Lord Ellenborough Mass matter nature oath opinion parol evidence particular party payment Peake's Cas perjury Phil Pick plaintiff pleaded presumed presumption primâ facie principle prisoner proof proved question reason received recital record regard rejected Roman Law rule Smith Stark statute statute of frauds sufficient suit Taunt testator testify testimony third person tion transaction trial truth voir dire Watts Wend writing
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Sivu 382 - seems that this rule of the canonists depends less on the authority of the civilians than on the Mosaic code, which enacts, that one witness shall not rise up against a man for any iniquity; but at the mouth of two or three witnesses shall the matter be established.
Sivu 363 - of New York, (2 Rev. St. 406, § 72,) " No minister of the gospel, or priest of any denomination whatsoever, shall be allowed to disclose any confessions made to him in his professional character, in the course of discipline enjoined by the rules or practice of such denomination." A similar statute exists in Missouri, (Rev.
Sivu 329 - is deserving of the highest credit, because it is presumed to flow from the strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers ; but a confession, forced from the mind by the flattery of hope, or by the torture of fear,
Sivu 547 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or, that the record will be legal evidence for or against him, in some other action.
Sivu 623 - declaring the law to be, that a witness could not legally refuse to answer a question relevant to the matter in issue, merely on the ground that the answer may establish, or tend to establish, that he owes a debt, or is otherwise subject to a civil suit;
Sivu 331 - forced from the mind by the flattery of hope, or by the torture of fear." If the party has made his own calculation of the advantages to be derived from confessing, and thereupon has confessed the crime there is no reason to say that it is not a voluntary confession. It
Sivu 78 - 592. The doctrine of presumptive evidence was familiar to the Mosaic Code ; even to the letter of the principle stated in the text. Thus, it is laid down in regard to the manslayer, that, " if he smite him with an instrument of iron, so that he die,
Sivu 487 - that his attestation or promise is made under an immediate sense of his responsibility to God." ' A security to this extent, for the truth of testimony, is all that the law seems to have deemed necessary ; and with less security than this, it is believed that the purposes of justice cannot be accomplished.
Sivu 470 - to send subpoenas for witnesses into any other District, provided that, in civil causes, the witness do not live at a greater distance than one hundred miles from the place of trial.
Sivu 363 - Though the law of England encourages the penitent to confess his sins, " for the unburthening of his conscience, and to receive spiritual consolation and ease of mind," yet the minister to whom the confession is made is merely excused from presenting the offender to the civil