WITNESS

In Law, one who gives evidence in a ju as dicial proceeding. In civil cases, witne es are compelled per to attend by the proce called subpana ad testificandum vio- (which see), and punishable if they neglect to do so by at strife tach mentor action. In criminal cases, by subpeena or by opinrecognisance taken by the magistrate before whom the in formation is given. By the law as it at present stands, witne es are disqual peified or rendered "incompetent" by reason — 1. Of want ol reason or understanding; 2, Want of religious principle viothat is, their want of belief in a God and a future state ol is to rewards and punishments; 3. Infamy; that is, conviction Sweof an infamous crime, and judgment thereupon; the crimes exwhich fall within this cla being treason, felony, and oth er offences which involve the charge of falsehood. The in suffering of the punishment, if so provided by statute, re the stores the witne to competency, as does also pardon; the only exception being the case of convictions for perjury oi dis qui subornation of perjury, which disqualify forever unle reversed; 4. Interest; on which grounds the heads c-f exclusion are numerous, and the distinctions very refined, the general principle being, in civil causes, in courts ol a common law, that every one interested in the event and in was the verdict is excluded. Sec Evidence. The policy of these exclusions has been matter of much debate; and, perhaps, the only practical reason which can Lor really be given for this is, that the time of courts of justice being limited, it is advisable to exclude at once from conIn sideration all those cla es of evidence which, from their celeb peculiar deficiency, must be of le weight than the test i the mony of witne es at once upright and disinterested. This bold year (1842) Lord Chief Justice Denman has brought in a their bill for the abolition of all incompetency by reason of ina disfamy or interest, except in the case of parties to the suit, and one or two other special exceptions. of [s. 1358]