, 1859-01-21
Testimony of Parties to Suits in Courts
1E IuafAnn

At tho last session Of the Legislature of this
State m set WIS passed which ought to have
been passed fifty years ago, allswing parties ia
causes to be examined as witnesses On the trial
1t was passed After the subject bad been mature.
b considered bY all the leading lawyers in the
State, aud with the full and hearty approval OF
men OF ull classes and professions who have CIV
ca any attention 10 the administration Of justice.
Moreover, it had received in England such q
thorough discussion, as ne, Ia this country
rarely accord to questions Of this nature, and
the change had been there made and found to
succeed admirably: It VAS first tried many
years ago in the County Courts in England,
and On t civil side of the Quarter Sessions in
Ireland; the opinions OF the judges and assist.
ant batrlsters we're then taken Us to its work.
ing. mad they we're unanimous in its favor. In
1852. it was accordingly adopted in the Sup,rior
Courts in Westminster and Dublin, and has
erer eince given ths utmost satisfaction, and
nothing but satisfaction. There are not two
opinions amongst English lawyers as to its val
ue, and the sutors have hailed it IS great
boou. Il is justly set down Us one Of the bes.
achievements the noble body Of law 1e!ortn-
ers Who have IN the last half century, done 80
much to weed the English Law Of sfchaisms and
absurdities.
With all this experience to guide US, We wise.
II adopted the new rule last April, and it has
eger since been ia use in our courts. The e1-
animation OF plaintiffs and defendants as wit
nesses, in their own causes, Bimpllhss the pro-
ceedugs, promotes justice. elic!ts truth and pre-
vents delay. II has given satisfaction to every
man in the community whose opinion on such d
subjsct is worth having.
Inc great object Of a Judicial investigation is
to get at the truth. THIS is the first cuts Of
Court of Law, and for the performance Of it il is
impeT atiyeiy necessary to e1amtub the persons
who know most about the N alter under exatni
uasion. These are clearly the plaintiff and de-
fendans. 1feither Of them pr1j ares himself 80
much tie worse tor him. The court or the law
Is no more responsible for i. than the perjury OF
uny other witnesses, and other WITNESSES do
sjure themselves daily. Moreover, bis per.
jury is no more Of al. impediment to the inquiry
shaa any body eise's perjury. Every Que who
is at all familiar with the procedure in courts OF
justice knows very well that no Judge or jury
believes q thing simply because witness has
allowed - tell bis story in his oun way, and
cross examination would be waste Of time.
There are variety OF other guarantees for the
truth Of testimony to which, taken together,
every judge pays more regard than to the mere
obligation ot the oath. It is notorious that
much more importance is attached, not only BY
lawyers, but BY all Eeusiole men to the way in
which Witness tells his story, his manner, bis
look, his consistency, its general probability,
the WAY III which it hangs to ,e:her, than to the
mere fact of his having sworn 20 speak the truth.
All these guarantees exit in the case of
plaintiff or defendant just IS much IS in those Of
any other wisuess, though ore Of them pefjured
hlmselt ten times over.-N. /. T4mts.
Hon. Van Il. Higgins, Of this co ,nty, hss in
troduced bill into tbs Legislature to enable
parties to suits to testify in courts OF justice. 1t
is to be hoped th.s i: my te passtd.-ED.