Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1850-11-20
THE PALLADIUM.
"Wednesday, November 20. 1850.
The Law Of Evidence.

As the Convention for amending the
constitution of this State is about 10
charge ,ha, instrument, in many i:npor-
tant particulars, we wish to cal! lis atten-
ton 10 the rule of practice in lhis State
8 70 the admission Of evidence in court,
Of Justice Having 10 professional
knowledge Of the law. We COMES, that
we refer TO the matter VITA diiIidencc, and
shall no; attempt to speak OF il VITA that
confidence. taat practical experience
would enable us 70 DO.
1t il conceded tina, the object Of Inc
law and courts is 10 administer siric, and
full justice between all parties interested
whether between the State and offend
ers against her laws, or between private
individuals. Justice cannot be thus done
unless the whole truth is known. The
before the court or jury. the more certain
" there will be in arriving at the truth,
AN Indispensable object in the dispersal
ton Of strict justice. Iiltic physical world
with darkcned sun and beclouded
sky, objects in the distance are but d!mly
seen-as evening approaches the become
more inlistinc,-nigi shuts them out
from the sight entirely. With returning
day, objects gradually unfold themselves
10 the sigit-as the ijgh increases the
more distinctly they are seen, uEt:l the
81 o.. 6 Z
places the extended panorama in the iull
view Of the observer, and as far as human
power Of sight can reach, man compre-
bends the scene. SO in the mental world.
With few underlined facts, covered up
with the preludices Of human falliblitv.
the court or jury grope their mental way
il comparative darkness Another Wit
ness is placed upon the stand. and he
dispels some of the doubts which existed.
Another is brought forward, and the NOR
ming breaks in the east-ncongruities are
explained. Another comes forth and adds
more light upon the facts to be ascertain
ed. Another and another follows. until
every means which can emit light has
added It's mite to the general intelligence
When all the light and knowledge posi-
bio to be obtained has been brought be-
lore the court. il can comprehend fully
$50 far as the mind can compass) the truth
as it exists. The human or physical
sight and the mental powers are circum-
in is highest state Of
perfection, surrounded by all human a.
gencies Of Ugh. and knowledge is liable
TO err-incrrability is alone the attribute
of God. We therefore claim, that the
,-~...~. - 70, -
of knowledge which is thrown upon any
question the more certainty there will be
in arrv ing at the important principle in
the administration Of iustce-the t-utA.
Our oblec, in these remarks is 10 intro
duce the following Arguments upon this
ofihe Law Magazine. The Leg
islature of New York appointed board
OF Commissioners to revise the then exis,
ing system of practice, pleadings. and
proceedings Of! the Courts Of tha, State.
who. upon the subject of Eridence report
ed the following clause or section:
",17O3. All persons, without excep-
ton. otherwise than as specified in the
next two sections. who having organs Of
sense. can perceive, and perceiving can
make known their perceptions to others.
may be Witnesses. Therefore neither par
nti havf, nj.
est in the event of an action or proceed
ing. are excluded; nor tAose who have
been convicted Of crime: nor persons on
account Of religious belief: although in
every case the credibil,y Of the witness
may be drawn in question, as provided in
section $780,
The Commissioners in their report say:
The fundamental difference between
this system Of evidence and that in com
mon use consists in this. that the former
goes upon the principle OF admission, the
latter upon the system of exclusion Adj
mission IS the rule here exclusion is the
rule of the common law. Let IN all the
light possible. we ask. Not SO the COM
mon law; exclude the light. i, SAYS. lest
perchance it deceive YOU; unmindtul. as
j; appears 10 Us. that poor light IS better
than none. There are many occasions
when you cannot have the pure light Of
heaven j; sometimes comes through a
stained medium but YOU should not there
fore prefer total darkness.
The code of 1913 abolished incompc-
tencv from mere interest, but left parties
still incompetent as witnesses IN their own
favor. In this complete code. We are for