Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1866-04-12
THE LAW OF TEsTIaIONY,

In the State Of New York, since the spring OF
ls5I the parties 10 civil suits are equal witnessed.
with all others. The reform has been an improve
ment, and the vast n oity OF lawyers in the State
would doubtless smile at the proposition TO return
To The Old system. But the question is ask ed, aad
with extraordinary eThphlsis-lf parties TO civil
SUITS may witness for them selves, why should not
the defendant in criminal suit testify for himself
There is really no sufficient answer. Ii both
parties were disqualified there would be at least
an air OF impar:iaiity. But it is not So The juss
theory of the law is that every person il 20 be pre
sumed innocent until proved guilty; but the prae.
lice is TO hold him guilty until he establish his
innocence. and he Is not suffered help establish
It. IL you enter any court where man is unon
trial Tor an Infamous crime Of which he NAY be a.
innocent as you II is impossible not to see thar
he is already regtrlei gnlty. We a, not de-
ny that this springs from the steps necessary 70
security which must be taken; kut certainly we do
not give the accused n fair chance il we siieacs
him. The practice OF the law in this respec. IS a.
musingly illustrated by story Of certafs New
York Judge who Was about to sentence a regro for
some trivial offeHse. STAND up. ZingoM said his
Honor "What have you to say why the sentence
0f the law shoul not be pronounced rpcn vouf''
Poor lingo, frightened on, of his sn al wits, began
to stammer. -Massa-Msssa-Knic
becker" 'Nota word, lingo, interrupted his
Honor not word and scnteace was rro-
no1nced.
A writer in the American Lav REGISTER for jan
uary, to whom we indebted for this good story,
and who treats the subject with greats spirit AMI
force, says that the only theory upon which the
testimony OF party 70 civil suit wa. rejected
was that If he said any thing favorable 90 him
seltit must needs be perjury and that the samo
reason is urged for similar exclusion in erimi-
nal proceedings. But there is no delay in receiv-
ing plea Of guilty. Il is only when the story
of an accused man helps him that il is discarded
M hayi Cd in,
must reject it in the other. Besides. before the
examining and committing magistrate the arrest
ed peasOn may make itatemnt, and this state
ment may be used agai st him, and so nay come
before the jury without the sanction Of an oath.
Now il the accused NAV be hearl nnswOrn bef re-
magistrate, why should he not be heard, sworn.
before twelve magistrates jury. "If,'' as the
writer Of whom we speak .ays-''if hi. statements
are receivable to influence the magistrate in hold
ing or releasing him, why should they not be
ceived il the form Of legal e stimOnv TO influence
the jury in convicting or scqutting him."
Again, il the theory be that the accusation rem
ders the accused unworthy of credit, why do We
allow one OF two accused persons to give States
evidence and suffer him to escape by duplicating
his accompiicc7 By this offer we bribe both hon.
est men wrongtUlly accused and rogues anxious to
escape 10 swear falsely. Yet, SO determined is
the impartial law 10 convict, that If the States
evidence should tend 10 exoRerate both the accu-
sed, it will not be produced.
In the State OF Maine, by act p, ,ssed in 1863.
the respondent to any criminal charge is allowed
to testify; and Caief Justice Appleton of that
State saws Of these changes $50 far ss caa
Judge, they are favorable TO the ascertainment Of
truth-the great end for which judicial proceed
ings are Instituted Il anticipate from the
change proposed greater certainty of correct de-
csions in criminal proceedings. The guilty will
be less likely to escape. The danger of the un-
" h
ed" 1t appears that in no civilized country save
Engsh-speaking lands is a per on accused fcrme
forbidden to testify FOR himself. Il i. relic ofa
false and foolish view OF human nature. 1t 10 q
view corrected y our experience and ridiculed by
the Inconsistency four practice. If''the profe-
sion" will raise the banner of reform upon this
subject it will be the banner Of triumph.