WITNESS Ev. 144-147; 2 Phillips, Ev. 421-431; 1 C. & P. 85; 2 Swanst. 216; 2 Camp. 637; 3 Yeates, 429. But the whole matter is one that is largely subject to the discretion of the courts; 1 Greenl. Ev. §§ 431, 449. There seems no doubt that a witness is in no case competent to allege his own turpitude, or to give evidence which involves his own infamy or impeaches his most solemn acts, if he be otherwise qualified to testify; Stark. Ev. 1737. See 15 Cent. L. J. 343 et seq., where this subject is fully treated in an article from the Irish Law Times. 238; it is extended to the whole case; 1 Greenl. Ev. § 445. In any view, a witness may be cross-examined as to his examination in chief in all its bearings. Thus a subscribing witness to a will may be cross-examined as to the testator's sanity; 78 Penn. 326. Yet a party is not permitted to introduce his own case by cross-examining the witnesses of his adversary; 1 Greenl. Ev. § 447. It is to be considered, however, that the cross-examination of witnesses is a matter depending much upon the discretion of the court, which will sometimes permit one to cross-examine his own witness, when he appears to be in the interest of the adverse party; 1 Stark. Ev. 132; 1 Greenl. Ev. § 447; 2 Phill. Ev. 403, 406. The course of examination is, first, a direct examination by the party producing the witness; then, if desired, a cross-examination by the adverse party, and a re-examination The right of re-examination extends to all by the party producing; 1 Starkie, Ev. 123, topics upon which a witness has been cross129. As to the direct examination, the gene-examined; but the witness cannot at this ral rule is that leading questions, i.e. such as suggest the answer expected or desired, cannot be put to a witness by the party producing him. But this rule has some reasonable exceptions; 1 Greenl. Ev. § 434. A court of error will not reverse because a leading question was allowed; 87 Penn. 124; 22 N. J. 372; 3 Allen, 466; contra, 99 Ill. 368. See LEADING QUESTION. Leading questions, however, are allowed upon cross-examination. Nor are the rules against questions not relevant and material to the issue always enforced upon cross-examination, -a stage of the trial at which great latitude in the form and subject-matter of questions is generally allowed, in order that juries may be fully apprized of "the situation of the witness with respect to the parties and to the subject of litigation, his interest, his motives, his inclination and prejudices, his means of obtaining correct and certain knowledge of the facts to which he bears testimony, the manner in which he has used those means, his powers of discernment, memory, and description." 1 Greenl. Ev. §§ 446, 449; 1 Stark. Ev. 129. Yet witnesses cannot be cross-examined as to collateral and irrelevant matters for the purpose of contradicting them by other evidence; 1 Greenl. Ev. § 449. Their testimony as to such matters is always conclusive against the party questioning. If, by an unfortunate or unskilful question put on cross-examination, a fact be extracted which need not have been evidence upon an examination in chief, it then becomes evidence against the party so cross-examining." Stark. Ev. 144; 2 Phill. Ev. 398, 429. 1 The right of cross-examination, which is that of treating a person as the witness of the opposing party and examining him by leading questions, is confined by some courts to matters upon which he has already been examined in chief, e. g. by the courts of the United States and of Pennsylvania; 14 Pet. 448; 6 W. & S. 75. By others, e. g. those of England, Massachusetts, and New York; 1 Stark. Ev. 131; 17 Pick. 490; 1 Cow. stage, without permission of the court, be questioned as to any new facts unconnected with the subject of the cross-examination and not tending to explain it ; 1 Stark. Ev. 150; 2 Phill. Ev. 407; 1 Greenl. Ev. § 467. But the court may in all cases permit a witness to be called either for further examination in chief, or for further cross-examination; Steph. Ev. art. 126; and may itself recall a witness at any stage of the proceedings, and examine or cross-examine, at its discretion; 6 C. & P. 653. If new matter is introduced on the re-examination, by permission of the court, the adverse party may further cross-examine upon that matter; Steph. Ev. art. 127. A party cannot impeach the credit of his own witness. But he is sometimes, in cases of hardship, permitted to contradict him by other testimony; 1 Stark. Ev. 147; 1 Greenl. Ev. §§ 442, 443. And a party bona fide surprised at the unexpected testimony of his witness may be permitted to interrogate him, as to previous declarations alleged to have been made by him, inconsistent with his testimony, the object being to prove the witness's recollection, and to lead him, if mistaken, to review what he has said; 1 Whart. Ev § 549. See infra. The credit of an adversary's witness may be impeached by cross-examination, or by general evidence affecting his reputation for veracity (but not by evidence of particular facts which otherwise are irrelevant and immaterial), and by evidence of his having said or done something before which is inconsis tent with his evidence at the trial. Also, of course, he may be contradicted by other testimony; Stark. Ev. p. iv. 1753; 1 Green). Ev. §§ 401. In some states evidence may be given of a witness's general character; 4 Wend. 257; 2 Dev. 209. See 29 Mich. 173. In order to test a witness's accuracy, veracity, or credibility, he may be cross-examined as to "his relations to either of the parties or the subject matter in dispute; his interest, his motives, his way of life, his associations, his habits, his prejudices, his physical defects Incompetency from interest is done away with and infirmities, his mental idiosyncrasies, if in various specified cases, by special statutes. they affect his capacity; his means of know-witness shall be incompetent on the ground that By 3 & 4 Will. IV. c. 26, it is declared that no ledge and powers of discernment, memory, the verdict or judgment would be admissible in and description-may all be relevant." May's Steph. Ev. art. 129. But it has been said that questions otherwise irrelevant, cannot be asked for the purpose of testing his moral sense; 4 Cush. 593. Generally, where proof is to be offered that a witness has said or done something inconsistent with his evidence, a foundation must first be laid and an opportunity for explanation offered, by asking the witness himself whether he has not said or done what it is proposed to prove, specifying particulars of time, place, and person; 1 Greenl. Ev. § 462; 2 Phill. Ev. 433; 2 Br. & B. 313; 16 How. 38; 76 Penn. 83; but in other cases it has been held that no foundation need first be laid; 17 Mass. 160; 58 Mo. 35; 22 Conn. 622; 31 Vt. 443. evidence for or against him; and such verdict or judgment for his party shall not be admissible for him or any one claiming under him; nor shall a verdict or judgment against his party be admissible against him or any one claiming under him. By the statutes 6 & 7 Vict. c. 85 (1843), and 14 & 15 Vict. c. 99 (1851), incompetency by rea son of being a party, or one in whose behalf a suit is brought or defended, or by reason of But no person crime or interest, is removed. charged with a criminal offence is competent or compellable to give evidence for or against himself; nor is a husband or wife of such a one competent or compellable to give evidence for or against the other; nor is one compellable to criminate himself; nor does the provision as to parties apply to proceedings instituted on account of adultery or for breach of promise of marriage. By statutes of 15 & 16 Vict. c. 27 (1852), and 16 & 17 Vict. c. 20, similar changes are made in the law of Scotland. In England and Massachusetts, by statute, the same course may be taken with a witness on his examination in chief, if the judge is of By statute 16 & 17 Vict. c. 83 (1853), the husopinion that he is hostile (see 11 Am. L. Rev. band or wife of a party, or one in whose behalf 261) to the party by whom he was called, and a suit is brought or defended, is made admissible in all cases and before all tribunals, excepting in permits the question. Apart from statute criminal proceedings or any proceeding instituted such evidence has not generally been consid-in consequence of adultery: but neither is comered as admissible; May's Steph. Ev. art. pellable to disclose the conversation of the other 131; 56 N. Y. 585; 49 Cal. 384; if the sole during marriage. effect is to discredit; but if the purpose be to show the witness he is in error, it is admissible; 15 Ad. & E. 378; 53 N. Y. 230. Proof of declarations made by a witness out of court in corroboration of the testimony given by him at the trial is, as a general rule, inadmissible. But when a witness is charged with having been actuated by some motive prompting him to a false statement, or that the story is a recent fabrication, it may be shown that he made similar statements before any such motive existed; 68 Ill. 514; 48 Cal. 85; 11 How. 480; May's Steph. Ev. art. 131, n. By the statute 32 & 33 Vict. c. 68, known as the Evidence Further Amendment Act (1869), the parties to any action for breach of promise of marriage, or to any proceeding instituted in consequence of adultery, excepted in the previous acts, are made competent to give evidence therein. See Taylor, Ev. § 1221. The United States. By the Judiciary Act laws of the several states, excepting where the (Sept. 24, 1789), s. 34, it is provided that the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be the rules of decision in trials at common law in the courts of the United States, in cases where they apply. This is held to include the statute and common law of the several states; Curtis, Const. s. 30 a; to embrace statutes relating to the law of evidence in civil cases at common law, including those passed subsequently to the Judiciary Act; M'Neil vs. Holbrook, 12 Pet. 84; but not to apply to criminal cases: as to which, the laws of the several states as existing at the time this act was passed are the rules of decision; 12 How. 361. In accordance with this provision, parties and others formerly disqualified are allowed to testify in the district and circuit courts of the United States, in civil cases at common law, in own courts. states which admit such testimony before their By various acts of congress it is now provided that in the courts of the United States no witness shall be excluded in any action on account of color, or in any civil action because he is a party to or interested in the issue tried, provided that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to tes WOLF'S HEAD tify thereto by the court. In all other respects, the laws of the state in which the court is held shall be the rules of decision as to the competency of witnesses in the courts of the United States in trials at common law, and in equity and admiralty; R. S. § 858. A provision is made in a statute passed 24th January, 1857, 11 Stat. at L. 155, as to witnesses testifying before either house of congress or any committee of either,-to the effect that no person shall be held to answer criminally in any court of justice, or be subject to any penalty or forfeiture, for any fact or act touching which he shall be required to testify as aforesaid; and no statement made or paper produced by him as aforesaid shall be competent evidence against him in any criminal proceeding in any court of justice. By the same statute, no person so testifying can refuse to answer, or produce a paper, on the ground that it would tend to disgrace or render him infamous,-a provision, however, which seems to effect no change in the law; R. S. § 859. But the subject of witnesses before legislative bodies has not come within the scope of this article. Rev. Stat. of Mass. 1882, p. 68; and the evident tendency of modern legislation in this country is towards the admission of women to the bar, decisions in Illinois, Massachusetts, Wisconsin, and District of Columbia, denying this privilege, having been followed recently by statutes extending it to them; 55 Ill. 535; 16 Wall. 130; 131 Mass. 376; 39 Wisc. 232; 48 id. 693; see 21 Am. L. Reg. N. s. 728. The act of February 15, 1879, admits to practice before the supreme court of the United States any woman of good character who shall have been a member of the bar of the highest court of any state or territory, or of the supreme court of the District of Columbia for three years; Suppl. to Rev. Stat. p. 410. In Connecticut women may practise law under a statute of 1875; 21 Am. L. Reg. N. s. 728; 26 Alb. L. J. 333; and in California they may pursue any lawful business or profession; Cons. of Cal. art. 20, § 18. In Illinois, a woman may be a master in chancery; 99 Ill. 501; and in Iowa, a county recorder; Laws of 1880, c. 40; see 25 Alb. L. J. 104. In England a woman may be elected to the office of sexton; 7 Mod. 263; or governor of a workhouse; 2 Ld. Raym. 1014; or overseer; 2 at elections for members of parliament; 38 L. J. C. P. 25; Whart. Lex.; Morse on Citizenship; she may act as postmistress in the United States. See MARRIAGE; NATURALIZATION. In all of the United States and territories, ex-Term, 395; but a woman is not entitled to vote cepting Delaware and New Mexico, statutes to the same general effect and purpose, though differing in their terms from that adopted by congress, have been enacted; Steph. Ev. art. 107; 1 Whart. Ev. §§ 464-472. The Pennsylvania law on the subject may be found in Miller on Evidence. In many states defendants in criminal cases have been allowed by statute to testify in their own behalf. In some states homicide cases are excepted from the provisions of the act. WOLF'S HEAD. In Old English Law. A term applied to outlaws. They who were outlawed in old English law were said to carry a wolf's head; for if caught alive they were to be brought to the king, and if they defended themselves they might be slain and their heads carried to the king, for they were no more to be accounted of than wolves. Termes de la Ley, Woolforthfod. WOMEN. All the females of the human species. All such females who have arrived at the age of puberty. Mulieris appellatione etiam virgo viri potens continetur. Dig. 50. | 16. 13. A woman by the fact of marriage invests herself with the nationality of her husband; 13 Op. Att. Gen. 128; 14 id. 402; contra, 2 Knapp, P. C. 364. See DOMICIL. Single or unmarried women have all the civil rights of men: they may, therefore, enter into contracts or engagements; sue and be sued; be trustees or guardians; they may be witnesses, and may for that purpose attest all but they are, generally, not pospapers; sessed of any political power: hence they cannot vote at any election, nor can they be elected representatives of the people, nor be appointed to the offices of judge, sheriff, constable, or any other office, unless expressly authorized by law. WOODGELD. In Old English Law. To be free from the payment of money for taking of wood in any forest. Co. Litt. 233. The same as PUDZELD. a. WOODMOTE. The court of attachment. Cowel. WOODS. A piece of land on which foresttrees in great number naturally grow. According to Lord Coke, a grant to another of omnes boscos suos, all his woods, will pass not only all his trees, but the land on which they grow. Co. Litt. 4 b. WOOLSACK. The seat of the lord chancellor of England in the house of lords, being a large square bag of wool, without back or arms, covered with red cloth. Webster, Dict. The judges, king's counsel-atlaw, and masters in chancery sit also on woolsacks. The custom arose from wool being a staple of Great Britain from early times. Encyc. Amer. Νο WORDS. "Words for the most part do not represent distinct thoughts, but only the been divided by an analytic process. parts into which a thought or conception has mistake has been productive of more confusion, or has been more frequently taken advantage of for the purposes of deceit and fallacy, than the. assumption that each word in a sentence must have a clear and complete meaning, independent of the connection in which it stands. The sentence, the clause, the proposition, are the units of thought, and must be interpreted as units." Lieber, Hermen. 3d ed. 14, n.; see Sir W. Hamilton, 8th sec. vol. iii. p. 133. A woman is a citizen, but is not as such eligible to public office or entitled to vote; 16 How. Words are to be understood in a proper or 287; 21 Wall. 162; nor has she any constitutional right to practise law; 48 Md. 28; 16 Wall. figurative sense, and they are used both ways 36; id. 130; 14 Chic. L. News, 69. In Massa- in law. They are also used in a technical chusetts, she may vote for a school committee; sense. It is a general rule that contracts and wills shall be construed as the parties under- Every one is required to use words in the - Formerly, indeed, in cases of slander, the The following words and phrases have re- A and his associates. 2 N. & McC. 400. A B, agent. 1 Ill. 172. A B (seal), agent for C D. 1 Blackf. 242. A case. 9 Wheat. 738. A piece of land. F. Moore, 702. Abbreviations. 4 C. & P. 51. Abide. 6 N. H. 162. Abstract (equivalent to copy). 52 Cal. 1. Accident beyond his control. L. R. 3 C. P. 313. Accountable receipt. 101 Mass. 32. Accumulated surplus. 34 N. J. 479. Across. 10 Me. 390; 5 Pick. 163. Actual cash payment. 103 Mass. 17; 34 Penn. 6 Actual cost. 9 Gray, 226; 2 Mas. 48, 393. Actual service. 3 Curt. 522; 39 Vt. 111, 498; Actually occupied. 1 Pick. 387. Ad tunc et ibidem. 1 Ld. Raym. 576. Adequate crossing. 37 Iowa, 119. Adjacent. Cooke, 128. Adjacent owner. 16 Hun, 380. Adjoining. 46 Iowa, 256; 31 N. Y. 289; 1 Adjoining land. 103 Mass. 116. Adjoining or appurtenant thereto. 101 Mass. 24. Ads. (on back of affidavit). 6 C. L. J. 196. Adverse party. 13 Hun, 622. Advice--As per advice. Chitty, Bills, 185. Affecting. 9 Wheat. 855. Affinity. 13 Jones & S. (N. Y.) 80. Aforesaid. 1 Ld. Raym. 256, 405; 27 Beav. After. 7 Ad. & E. 636; 3 Nev. & P. 197; 52 After paying debts. 1 Bro. C. C. 34; 1 Ves. Ch. 1 Chitty, Cr. L. 174. Age of manhood. Cr. & Dix. 426. Aggrieved person. 25 N. J. Eq. 503. Agree to let. 102 Mass. 371. Agree to rent or lease. 102 Mass. 394. Agree to sell. 104 Mass. 263. Agreed. 1 Rolle, Abr. 518. Alienate. 11 Barb. 624. soever. All. 3 P. Wms. 36; 1 Vern. Ch. 3, 341. All soever. 1 Edw. Ch. 34. All persons. 11 Me. 455. Allowance. 92 U. S. 77. Allowed. 65 Me. 296. Along its route. 91 U. S. 454. Already incurred. 108 Mass. 32. Also. 4 Rawle, 69; 4 B. & C. 667; 26 Beav. Amongst. 9 Ves. 445; 6 Munf. 352. Anchor watch (in maritime law). 2 Low. 220; And also. 7 Gray, 335. Annexed. 68 Me. 322; 105 Mass. 96. Annexed schedule. 3 App. Cas. 413, 414, 425; 1 Deane, 14; 2 Jur. (N. 8.) 526. Annual emoluments. 1. Q. B. D. 658. Annual value or income. 45 Barb. 231. Annually. 16 Gray, 497. Annuitants. L. R. 2 Eq. 284. Any contract. 3 Cent. L. J. 158. Any other manner. 9 Metc. 69. Any other matter or thing from the beginning of Apartment. 10 Pick. 293. Apparel. Goods and wearing apparel, in a Apparent danger. 44 Miss. 762. Appendage. 21 Kan. 536; s. c. 30 Am. Rep. 447. Appropriate. 7 Cold. 483. WORDS 79. At a certain time. L. R. 10 Q. B. 371. At and from. 1 B. & P. N. R. 23; 1 Caines, At and from a port. L. R. 1 Ex. 206; 5 C. P. At and upon. 1 My. & C. 391; 12 Hun, 396. At his will. Bacon, Abr. Estate for Life and 21 Kan. 613; 34 Ohio St. 583. At least four months. 5 Cent. L. J. 93. At or near. 3 B. & Ad. 453; 18 Beav. 330; 6 At owner's risk. L. R. 9 C. P. 325. At par. 22 Penn. 479. At the expiration of twelve months. L. R. 2 P. At the term. 85 Ill. 138. At the termini. 38 N. J. 299. At the wholesale factory prices. 2 Conn. 69. At twenty-one. 9 Ves. Ch. 225; 1 Bro. C. C. 91 Attested copy. 119 Mass. 158. Average charges. 74 Penn. 181. Bad. 127 Mass. 487; 9 Cent. L. J. 396. Bad woman, bad girl, or getting fat (as libe.- Bag. Cro. Car. 511. Baggage of passengers at the risk of owners. 19 Approved. 104 Mass. 265. 2 Camp. 532. Approving. 5 Cent. L. J. 195. Appurtenant. 19 Kan. 408. Are. 2 Ball & B. 223. Arises out of. 5 Cent. L. J. 232. Arrival. 1 Holmes, 136. Artful scoundrel (as libellous). 6 Bing. 451; 8 L. J. (Old S.) C. P. 86. Article. 6 Blatchf. 64. As. 8 Allen, 464. As described. 4 Ch. D. 607. As far as possible. L. R. 2 Ex. 88. As follows. 1 Chitty, Cr. Law, 233. As herein described. L. R. 1 C. P. 192. As his interest may happen. 13 Reporter, 293. |