The daily gazette., 1881-04-05
Our Legislative Letter
COMPETENCY OF wITNEssEs-oPIN-
IONS OF LAwYERs-THE PILOT
BILL-THE =. = o., ETC.

lONo Of Law EhS-ThE klLOI
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DOVER, April A, 1881.
Special correspondence Of the Gazette.
This evening in the Senate cham
Der the Committee on Revised Sta
tutes sat in open consultation
Through its invitations the opinions
OF several lawyers were asked
During the course of the session a
lively debate occurred as to the eff
feet of the bill in reference TO the
competency of witnesses. An
amendment to the old bill which
has been pending some time, alter
ing it IN few particulars is offered.
L give the bill as amended in full.
Section l. No person shall be in
competent in any civil action or pro-
ceeding, whether at law or in equi
ty, because he is a party to the rec-
ord or interested in The event of the
suit or matter to be determined :
Provided that in action or proceed
lngs against executors, admlnistra.
tors or guardians In which judgment
or decree may be rendered for or
against them, neither party shall be
allowed TO testify against the other,
as to any transaction with, or state
ment by, the testator, intestate, or
ward unless called to testify thereto
by the opposite party, or requested
to testify thereto by the court.
SIC. 2. The provisions OF this act
shall not apply to any civil action or pro-
ceeding pending at the time ofits passage.
In speaking about the bill Charles
Cullen thought tnat it would overthrow
old aud established principles that it
had never been tried mere and that il
would be dangerous experiment. Col
onel Whiteley was in favor OF the bill
and said that such law had existed in
England for so years. We are fifty
years behind the time. The measure
can't do any harm. Let every man tell
bis own story. The jury is always able
70 detect a lie. In criminal cases the
defendant has right to speak and why
not in civil sasesf
John Paynter thought that it would
be good thing for the lawyer but a bad
thing for the client. He reasoned thus:
The lawyer will always have prima fscie
evidence i'll the case the defendant have
a right to testify this will warrant the
lawyer in taking any case; there
fore these petty Jogging gentlemen will
dill their pockets at the expense of him
who has been cal )led in to paying him
fee.
Mr.. Fulton thought it was bad thing
Tor honest nIen;it opens the door to fraud
and holds up temptation to lie backed
by legal sanction.
A. p. Robinson favored il and said
that nearly all the states in the Union
had 1t.
/. q. Grub said that he was on the
leuce; the pros and cons are many that
he signed the petition and the meas
ure was in accordance with advanced
thought.
Judge Houston upon being asked his
opinion said that some time ago he had
received letter from Judge Wales upoL
pressed himself asbeing prepared to aqui-
esce. Should 1t not work as we antici-
pate We could repeal IL.
Mr.. Massey said that he was in favor
Gift because it Is the law OF England;be-
cause 1t is the law OF the states around
us;because it is the law OF our own state
80 far as the United States Court is con
cerued, aud because a great deal Of the
business that is done IN the U. s. Courts
should be done in ours.
The bill will be reported favorably
by the committee and passed In the
morning.
The Senate is as full as = beehive
tonight. Lobbyists on the Canal the
Railroad, Gas bill and many minor
measures crowd around belabored
Senators. Ia the House the pilots are
racing and tearing around. Captain
Virden ID a most effective Lobbyist. He
is backed by q most potent mover OF
men to willingness. His bill will pass
the House in the morning and be sent
TO the Senate. Those who in the be-
ginning opposed the Pilot bill, either
agree with its provisions or are silent.
While in the town of Lewss on Satur-
day last your correspondent heard not
one word of opposition, but many in
favor.
lhe general impression is that the
B. 81 .. proposed charter will not pass.
The Legislature 10 committed to give
the B. d o. charter whenever it asks
for 1t but now that the time arrives
they do not express their willingness.
Mr.. Grubb says that If the charter is
not granted a road will be built in
Maryland and Delaware thereby loose
the advantage of having competing
corporations.