WITNESS

In Law, one who gives evidence in a judicial proceeding. In civil cases, witne es are compelled to attend by the proce called subpoena ad testificandum (which see), and punishable if they neglect to do so by attachment or action. In criminal cases, by subpoena or by recognizance taken by the magistrate before whom the information is given. By the law as it' at present stands, witne es are disqualified or rendered "incompetent" by reason, 1. of want of reason or understanding; 2. Want of religious principle; that is, their want of belief in a God and a future state of rewards and punishments; 3. Infamy; that is, conviction of an infamous crime, and judgment thereupon; the crimes which fall within this cla being treason, felony, and other ottences which involve the charge of falsehood. The suffering of the punishment, if so provided by statute, restores the witne to competency, as does also pardon; the only exception being the case of convictions for perjury or subornation of perjury, which disqualify for ever unle reversed; 4. Interest; on which grounds the heads of exclusion j are numerous, and the distinctions very refined; the i general principle being, in civil causes, in courts of j common law, that every one interested in the event and i in the verdict is excluded. See Evidence. 1 The policy of these exclusions has been matter of much; debate; and perhaps the only practical reason which ■ can really be given for this is, that the time of courts of i justice being limited, it is advisable to exclude at once i from consideration all those cla es of evidence which, j from their peculiar deficiency, must be of le weight than the testimony of witne es at once upright and disinterested. This year (1842) Lord Chief Justice Denman | has brought in a bill for the abolition of all incompetency by reason of infamy or interest, except in the case of parties to the suit, and one or two other special ex- | centions. Wl'ZARD, (Seems to be from the old verb witan, to knoio, and of the same derivation with wise and witch: 1 Glanvile, Sadduismus Triumph at us.) The popular ' 1335 WOOL. name in England for a sorcerer. See Sorceuy, Witchcraft. WODEN, or [s. 1348]