The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1859-11-19
She uld Parties to suite be all0ygea q
Testify.

oP"ssos VI eiSuty years ago, the English Com
mon Law was pronounced the perfection Of hu>
man reasoning. Yet we find that many Of the
rules Of that venerable system have given way
before the teachings Of experience, or the crav-
ings for change. Among the most radical Of
theee innovations upon ancient ussges has been
that OF admitting parties to suits to te stfy. not
withstaRding their own immediate interests in
the result. This important change in the rules
| OF evidence, was adopted in England some sew
en- years ago; and it 10 said gives satisfaction to
lawyers and courts. year ago last April, the
Legislature of New York also passed law al
loving parties to tuits to testify, the same -
other witnesses.
Shall this new rule be adopted in Iowa.
The principal objection raised to il, is the a :
legged inducemeut to commit perjury where H.
terested parties are permitted to give testimony
in their own behalf. 5s' Ess
On the other hand it 10 urged, that parties to
Q suit would come on the witness stand With
degree Of responsibility that not attach 70 them
when exclude from testifying. man Who
holds that oil 10 fair in Law. a. in love- war and
politics, would perhaps be willing TO gain his
case through the perjury Of others, Or the sup
preston OF material facts, but be might still
shrink from perjuring himself. An interested
witness, party to . suit, would know that biz
testimony would be weighed by the testimony
OF the adverse party, aud tho evidences Of other
Witnesses, and subjected to . thorough sitting
10 bis cross examination. These circumsks nces
taken IN connection with regard for his chars
acter and standing, will, it 10 consended, usually
deter a. interested witness from committing
deliberate perjury
II 10 further urged that in the free, eaey and
conhdsntial mode Of doing business (makiu9
contracts &c., 90 much in vogue, that the par
tles thereto are the only persons who really
know all the iacts involved which would De M.
terial in ease of . law suit. In this way suits
are often determined upon imperfect testimony;
whist the parties, who know the whole truth.
are excluded from testify ing.
IL 10 contended that the adoption Of this new
ruie would simplify and shorten judicial proceed.
ings In many civil cases, 10 our courts. much
time 10 spent in the wranglsg Of lawyers upon
the admlsa'bll'ty Of . witnees, on the ground OF
MS real or alleged interest in the result Of the
su.s. This cause Of delay would, of course. NOT
exist, u mans interest did not exclude bio
tesnmony. In many cases, it 10 claimed By The
ir'enos OF the proposed change, the evidence Of
the adverse parties, one weighed with the 9TH
er, would throw immediate light upon the case
ana preclude the necessity Of examining other
witnesses.
bill will probably be brought forward in our
Legislature next winter, 10 remove the existins
Disability Of Witnesses arising from their inter-
est 10 the result of suit. Il is, therefore pron-
er TOT the scvereigns. snd their duly (seif con-
STUFFED advissrs. the newspspers, 70 discuss the
question. in advance ofits decision BY the mem.
oeFs Of the Legislature. Fairfield Jeffersouian.
Gerrit Smith 10 reported BY the Utica ~ pers
to De very violent 10 bis insanity, ana Il 4 nec
eesary to keep constant watch 81 him "a prevent
his committing suicide, which be has ATTEMPTED
ne =. said to have been very much disturbed 81
tne fact that his nephew, Col Frzhugh. can
t.Trd Cook, the fugitive from Harper's Ferry.
nf. smith - supposed to have Inherited I nre :.
disposition 70 insanity. His brother Peter sken
smith, who died in this city. 80 IA so,n. Tn.
"a inmate 81 lunatic asylum, though gcnersiIy
considered cane but singular ct The time 81 M
residence here. The only surviving child 81
Gerrit Smith u the wife Of Col. Miller 81 p
terboro, n. Y. a
OoffoH GRoviHs IN gAxaAror
Ssas n.oon.ngtop In the cotton Incl NJ. Allan.
sne las.or q this county, csiysd cotton 80
ron Wssningtos last spriBg, which 10 planted.
sno from ne stock grown raised four Wv larsn
ana fuily Developed bosls Of coteonl rSc IN
presented 70 -, has four very long lobea. vhich
wnep eleFn ont, form . circumference ~ ahc,,s
M Inches. Indeed, % never - !. 6...- s.,s
gs0.n on edisto Or eca Island. $500
leas result Justides eur opinion o o Ne ~.
cess q acciimation. The eeed csn,e f..,s :.
80 N0ssn g Waahington, Va pleotea No. /. |
sos middle oi Nay, and yes matrre1 \. -. ~.
average season Of frost n 49, 49,. ...s u.
% prosecute this experiment. =. ~, .-.....
him 0nA Nf a. - - WI ptceous 1