EVIDENCE

In Law, has been defined "any matter of fact, ihe effect, tendency, or design of which, when presented to tin mind, is to produce a persuasion, affirmation, or disafiirmation of the existence of some other matter of fact."A witne , in a court of common law, is compelled to attendance, in civil rases, by subpoena, or by habeas corpus if the witne be in custody. The reasonable es both of going and returning rau rt be tendered to the witne when he is served with the subpoena. A wit fusing to attend on subpoena, may be attached for contempt of court, and is liable to an action at riie suit of Ihe parly damaged. In criminal cases, the attendance of a ution is enforced either by subpoena, usually by the magistrates who take the depositions in the first instance binding him over to appear. His i, In a case of felony, are ensured to him by statute, ndant may compel at len dance of his witne es by subpoena. When the witne appears in court, objections may be taken to his competency; and those arising from his ignorance or unbelief, or turpitude of character, ought, in the usual course, to be taken before he is sworn. Incompetency. — 1. Incompetency from defect of religious principle is where the witne disbelieves or is ignorant of the existence of a God, and ofa future state of rewards and punishments. Infidels, therefore, are excluded; but no others of whatsoever sect or opinion, 2. Incompetency from turpitude arises from a conviction for treason, felony, ial misdemeanours; but is removed by pardon,or by reversal of the judgment, or by endurance of the punishment awarded by the sentence. 3. The next source of inncy 's interest; and the general rule on (his subhat a party is disqualified only by a direct and certain interest in the event of the suit. But it will be obvious that the distinctions arising out of so general a proposition are infinitely minute, and create constant difficulty in practice. The following are a few of the leading rules:— AH parties to the suit, although but nominal, are excluded from giving evidence. A prosecutor, in a criminal case, is not a party, nor directly interested in the verdict, and is consequently admitted. A person to whom a liability would immediately result from the verdict is incompetent ■ for the party in whose succe he is in-; as, for instance, one who has guaranteed a party nt of the suit; or a co-partner; or an agent liable to his principal, in the case where a principal is sued for any damage arising from the agent's neglect. A witne i sal it where he has an interest in the record; tint la to sav, where the judgment of the court, if his party succeeded, would be evidence ofa matter of fact to entitle him to some legal advantage. In criminal pro- 42T [s. 441]