The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-08-18
For the Spirit Of Democracy.
AND DISPOSITIONS.


For the Spirit Of Democracy.
EVIDENCE AND DISPOSITIONS.
Mr.. Ep1roR-A pure and impartial ad.
ministration of justice is one Of the great
est blessings, and an impure or defective
administration, one OF the greatest curses
of civil society. But the administration
of Justice is impossible unless evidence
can be obtained. And as our courts OF
Common Pleas only sit at long intervals,
parties and their counsel frequently enter
tain serious apprehensions that the per.
sonal attendance of witnesses can not be
procured in term.time. 1t therefore often
becomes an interesting question how and
when the testimony OF witness may be
taken in writing, so as to enable the party
TO make known the truth to the court and
Jury, who are to try his cause. In other
words when may the deposition Of wit
ness be taken? A calm and candid dis
cussion of this question can not be un-
profitable or unwelcome TO the public.
Our Statute provides for taking the depo.
sitions of four classes Of persons. Firstly,
of persons who reside out of the county in
which the trial is to take place. Secondly,
OF persons who reside in the county, who
are old, or sickly, or about to remove. We
will for the present consider the last case.
Suppose party deems it necessary to
secure the testimony of a witness, who, il
is supposed will not remain in the county
until the trial term, though at present re-
siding therein. What legal considerations
belong to such case? We answer. The
law regards every man as good citizen
until by vicious or immoral conduct he
proves himself the contrary. An undue
anxiety or eagerness to give testimony, is
by the law regarded unfavorable. But on
the other hand an anxiety to SUPPRESS
TESTIMONY is, by the law regarded as a
base and wicked disposition, the manifes-
tations of which are often visited with in.
famous punishments.
The good citizen, therefore, in contem-
plation of law, has no interest in his own
testimony except to make it candid and
truthful. If called upon to give evidence,
he testifes candidly and cheerfully. if not
called upon he peaceably performs his
ordinary duties. 1t does not therefore lay
in the mouth of the witness TO prescribe
how his evidence shall be taken. 1t is in
law immaterial to him. On his own ac-
count he can scarcely ever object to giving
a deposition as deposition. 1t is gener-
ally less trouble and expense to give a
deposition in the neighborhood, than to
attend at the county seat and give verbal
testimony. If sick or disabled, when sum-
moned, his sickness or disability will be
an excuse in the one case as we'll as in the
other. II is not, therefore. for the witness
to object.
The opposite party TO the suit is in a
different situation and has right to look
to the regularity Of the proceedings; but
he has an easy remedy in case of wrong
Of this nature. IL the deposition of wit.
ness is taken, who remains in the county
at the trial term, it can not be read-it is
mere waste paper-it will be suppressed.
And II taken without probable cause. il
will be suppressed at the costs of the party
taking it, as penalty for his undue sus-
picions. So il a nonresident witness is
present at the trial his deposition can no,
be read. But we have hitherto considered
the case when the proposed witness is ar
honest man and good citizen. But sup.
pose he is not an honest man nor good
citizen; suppose he is hostile to the person
calling him; suppose he is full Of preju
dices and makes himself partizan witt
the opposite party! Then surely such 9
witness can not be permitted to judge
whether it is proper TO take his deposition
or not. No man is fit to be Judge in hi'
own case. An intention to remove from
the county is mere matter Of fact dwell
ing in the mind. A man Of the last de
scribed class Of character, will be very
sure TO affirm that it is not his intention t
90, until the very night that he is ready t
remove. Who then is to judge whether
is proper to take deposition in a giveI
case or not? We say unhesitatingly no
the witness but the judicial officer who i
called upon to act in the case, and h
ought to determine honestly and discreet
ly. A good man will cheerfully submi
himself to the authority of the minister
of the law and bad man ought to be curb
ed and controlled by its utmost strength
II is true that partial and over.favorabl
witness may some times be disposed t
give his deposition little before term-time
and then depart TOR the purpose of givin
an advantage 70 his friends. 1t is equall
true that hostile. witness may by all pos
sible means avoid giving his testimony un
til the very moment that he is ready to y
part forever. Abuses may creep in fror
various quarters. But what is the RENE
DIV for all this? Why we, the PEOPLE
ought to see to it that we elect honest. faith
full and capable officers! Wehave reaso
to remember the good old text Of scriptur
"When the wicked bear rule the peoPl