The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-08-21
CASES and DECISIONS.
Legal Notes of Interest to
Lawyers and Those Who
Employ Them.

A recent legal writer, analysing the
legal teachings of the Dreyfus case, has
formulated the following eight rules of
evidence and procedure in French
courts, the results of his study of the
report
Witnesses are not Obliged to
answer questions of counsel, provided
they declare upon their honor that
they believe the honor of the army is
somehow involved, and provided also
that they shout 'fvive Parmee,' in a suf-
ficiently loud tone and with proper en-
phasis.
Second-Cross-exa is option
al-with the witness.
| Third-The witness is permitted to
state that he believes the defendant
guilty or innocent because A so in
formed B, who told G, who stated SO to
| d, who said so to him. Evidence at
more than fifth hand. however will not
be allowed, as it then becomes hearsay,
though this last point is not altogether
certain, as some authorities admit a
further number of informants, provid-
ed they were members of the general
staff.
/ Fourth-The veracity of a witness
who has SPILLED his blood in defence
of the tri-color" is considered as con-
clusively established, and may not be
iimpeached.
Fifth-All Jews are presumed guilty
until the contrary is proven by a pre-
lponderance of evidence. If the accused
| is German Jew, the production of his
certificate of birth. and proper identifi-
cation of the prisoner as the person re-
ferred to therein, will be sufficient to
make out a prima facie case for the
prosecution.
Sixth-Until a very recent decision of
the court of cessation it was a ques-
ton of grave doubt whether a convic-
ton based upon evidence which some
of the judges had not seen, which was
never produced at the trial and which
the prisoner and his counsel were en-
Itirely ignorant of, was not legal. It is
now determined, however, that the fair
fness of such a mode of procedure is a
question of enough doubt to warrant
the granting Of new trial.
Seventh-The use of abusive epithets
by judge, counsel, witnesses and spec
tators viii be permitted according to
rules formulated later. No person
must, however. be called a Jew" or a
"German spy unless he really is one.
or unless his client is an Israelite.
Eighth-Fistic encounters and ar
arrangements for duels may be made in
court unless such confusion is caused
as to make it impossible for counsel for
prosecution to hear the witness. AS for
the counsel for defence, no one pays
any attention to him, as he is there on
Isufferance only.
| Contingent debts or contingent liabil-
tiles under the bankruptcy act of 1867
are held In Tennessee, not to include
a liability on a covenant of warranty
so long as there was no hostile asser-
ton Of paramount title, and therefore
this was not cut off by discharge in
/ bankruptcy rendered before the breach
of the covenant had ripened into an
actual demand
A common law right Of appeal is de-
MED In recent South Dakota case
where it was held that the legislature
may limit the right to cases involving
a specified amount where the constitu-
ton gives the supreme court appellate
jurisdiction only, under regulations pre-
scribed by law.
A peculiar New York case respectine
the liability,6f a person for negligence
while insane or mentally incompetent
holds that the charterer of vessel
who is in command, is not liable for hel
loss because of lack Of care or skill
In her navigation after he has become
irresponsible on account Of physical and
mental exhaustion resulting from his