The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1859-11-26
SHOULD PARTIES TO SUITS BE ALLOW
ED TO TESTIFY.

Ii 4
ED TO TESTIFY.
Upwards of twenty years ago, the English
Common Law have pronounced the perfec-
ton of human reasoning. Yet we find that
many rules of that venerable system rave
given away before the teachings Of reason
lngs, or the cravings for change. Among
the most radical OF these Innovations upon
ancient usages, has been that of admitting
parties to suits to testify, n0tHithstand-
ing their own Immediate interests in the re-
suit. This important change in the rules of
evidence, was adopted in England some sew
en- years ago, and it is said gives satisfac-
Ion to lawyers and courts. i year ago
last April, the Legislature of New York al
so passed law allowing parties to suits to
testify. the same as other witnesses.
Shat this now rule be adopted in Iowa.
The principal objection raised to it, is
tbs alleged inducemcnt 70 COMMIT perjury
where interested parties are permitted 10
give testimony in their own behalf.
On the other hand it is urged, that part
les to suit would come on the witness stand
with degree of responsibility tina, is not
attached 10 them when excluded from testi-
flying. A man who holds that all is fair in
law, as in love, war and politics, would per-
haps be willing to gain his case through the
perjury of others, or the suppression of
facts, but he might still shrink from perjur-
ing himself. An interested witness, par
ty to suit, would know that his testimony
would be weighed by the testimony of the
adverse party, and the evidence of other wit
nesses, and subjected to thorough sitting
in his cross examination. These crcum-
stances taken in connection with regard
Tor his character and standing, will, it is
commended, usually deter an interested wit
ness from committing deliberate perjury.
1t is further urged that in the free and
easy confidential mode of doing business
(making contracts, etc so much in vogue.
that the parties thereto are the ouly persons
who really know all the facts involved
which would be material in case Of law
suit. In this way suits are often determn-
ed upon imperfect testimony; whilst the
parties, who know the whole truth, are ex
cluded from testifying.
1t is contended that the adoption OF this
new rule would simplify and shorten judicial
proceedings. In many civil cases, in our
courts, much time is spent in the wrangling
of lawyers upon the admissibllity of wit
ness on the ground of his real or alleged in
tcrest in the result of the suit. This cause of
delay would, of course, not exist if mans
interest did not exclude his testimony.
In many cases, it is claimed by the friends
Of the proposed change, the evidence of
the adverse parties, one weighed with the
other, would throw immediate light upon
the case and preclude the necessity Of exam
lining other witnesses.
A bill will probably be brought forward
in our Legislature next winter, to remove
the existing disability of witnesses arising
from their interest in the result of the suit.
1t is therefore proper for the sovereigns
and their duly (self) constituted advisers,
the newspapers, to discuss the question, in
advance of its decision by the members
of the Northumberland Jetersonian.
A woMANS LITTLE TOES.
The "good things of this life-beautiful
women and canvas back ducks. '-Taunton
Gazette.
Can woman be whole souled with her
little toe cut off-asks the New York Home
Journal and says, d" this is to become an
interesting point Of Fifth Avenurdiiy, as
the Peruvian custom of amputation of the
fifth toe, to make the foot pointed and small
Is beginning to prevail i'll Paris. At Lima
it is the rule to perform this operation on
the female infant in the cradle. But Pc.
ruvian surgeon, now advertising in Paris,
offers to perform it on grown up females,
warrantinG that they shall not be confined
to the house more than week. II this fash
ion should become universal, the male sex
| will, We think, be the eompesest in toe toe.''
Boston Post.