Evening star., 1902-02-21
The Law Of Evidence.


With respect to the law Of evidence all
persons are permitted to testify, save only
such as have been convicted Of perjury:
husband and wife are competent, but not
ccmpellable to testify for and against each
othef, save as TO any confidential commu-
nications made by one to the other during
marriage; absence of religious belief does
rot disqualify.
Judgments are made lien upon equitable
interests; executions are leviabe in many
new instances; the respective rights OF
landlord and tenant are better defined and
protected; most crying evil Of the old
law which denied the wife the right Of
dover In any equity of redemption has
been removed, and by the code she is given
dover in the Land Of the husband held by
equitable as we'll as legal title at any time
during the married life, whether held by
him at the time Of his death or not, a pro-
V1so being inserted to protect the rights Of
Vehdors OF liens to the extent Of the pur-
chase money thereof.
The Criminal Law.
Chapters 10 and 20 Of the code deal re-
spectlvely with crimes and punishments
ana criminal procedure. They have made
some most important changes in the law
existing prior to the adoption of the code.
Chapter 10 creates degrees in the crime of
murder. 1t also defines murder. and sec
Il toh nrey,ds. rey Is particularly important In that
places an obstruction upon railroad or
street railroad, or displaces or Injuries any,
tnlng appertaining thereto, or does any
otner act with intent to endanger the pas
sage or any locomotive or car, and therby
occasions the death of another, is guilty
OF murder in the first degree"
important changes are also made with
respect to the punishfnents for manslaugh-
Ter ana OF assault with intent to kill and
certain other offenses. Section SO4 makes
an important change by constituting
new offense. to Wit, "an assault with a
dangerous weapon It Is impracticable
here to name in detail all the other i'm
provements made by these two chapters.
1t Is. perhaps, wetk hqwever, to say that
the crime OF embezzlement Is extended SO
sponsible who mis8ppropfiate the funds In
trusted to them. Chapter 10, on criminal
procedure. contains many improvements
upon previously existing law, especially by
providing for the sirnplffcatfon of the
averments Of indictments, for the joinder
of counts under one indictment relating to
kindred ofrenses and In other respects. Sec
tlon w allows the defendant to take In
certain cases the depositions of witnesses
whom he may not be able to produce upon
trial. Section 932 removes the ground Of
certain disputed jurisdiction which here
tofore existed between the attorney for the
United States for the District OF Columbia
and the attorney for the District OF Colum-
bta, designated by the code as the "city
solicitor" Section 935 allows the United
States or the District OF Columbia. as the
case may be. to have the same right OF
appeal that is given to the defendant. in
Guiding the right to q bill OF exceptions,
provided. that IL. on such appeal 1t shall
be founded that there. was error IN the
rulings of the court during the trial, YER
dict In favor of the defendant shall not be
set aside"
This is most important provision. inas-