New Jersey Law Reports Volume 5

New Jersey Law Reports Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...are convinced that they deprived the plaintiff of any right, or did him any injury on the trial. In such case, the trial can neither be fair nor satisfactory. 1. The first error of the court was in refusing to permit an examination of a young female witness on her voir dire, touching Den v. Vancleve. her knowledge of the nature and obligation of an oath. She was a servant to defendant, bound as a pauper by the overseers; had never been sworn, and was called to confirm the testimony of a child of fourteen, which was chiefly intended to fix on plaintiff the-imputation of stealing the will of 1814. Her discretion and knowledge were, therefore, very important. The influence of her evidence on the jury no one can tell. It is competent to examine witnesses, old or young, to ascertain their discretion, and how they appreciate their duties and the nature and obligations of an oath; and the books never speak of their ages when this examination is made; it is not confined to those under fourteen. A witness must have discretion and knowledge, and these may not exist in all who live in a Christian country, in a good family, and near a church. You can ascertain their existence only by an examination. This examination has been confounded with the question when an infant may be sworn as a witness, which may be at fourteen, if youth be the only objection. The law, then, presumes discretion and knowledge; but the presumption may be rebutted, and am only be rebutted in this way. In White's case, read from Swift, he was evidently an adult (Leach 368), and the inquiry never has been refused because the witness was fourteen. Gilb. 13, -Smfi 49, -2 Hale 278. The assertion that witness may not be so questioned in England is incorrect. Phil. 18. He may be...show more

Product details

  • Paperback | 180 pages
  • 189 x 246 x 10mm | 331g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236993454
  • 9781236993458