The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1906-05-26
A WOMAN IN COURT,
WHAT RIGHTS SHE HAS BEFORE
THE LAW.

A Woman Called Upon to Testify
Cannot Refuse to Appear without
Good Excuse-About Taking the
oath-Wife and Husband Can
not Ordinarily Testify Against
Each Another-Professio Wom-
en- Need Not Reveal the Confidence
of Clients or Patients-The Rights
of Mother to Guardianship Of Child
Differ in Different States-Books
on the Legal Status of Women
Which Might Be Read with Profit.
By KATHERINE LOUISE SMITH.
Copyright, 1905, by Joseph B. Bowles,)
In recent investigation at Wash
ington, the witness made the state
ment that he was Quaker, and hence
should be permitted to affirm instead
of being sworn. 1t would be safe to
state that hardly one woman in 20 who
read this knew what it meant and that
a number of men were equally ignot-
ant.
OSNooiohoAy q "oludA ID CdllCu III w
be witness in case, but it always
makes her uneasy and the ignorance
concerning the proper procedure, how
she is summoned, how she testifies, and
what is expected of her is universal.
This is not to be wondered at when we
consider the secluded lives that women
have led. A slight understanding OF
the legal terms and customary proceed
ings may some time help woman who
is called upon to testify.
witness is person who gives evi.
dence in a legal proceeding before a
court. When woman is wished as
witness she is usually served with
paper called subpoena, which orders
her to appear in court at a certain time
to testify. If she is properly served
with such paper and refuses or neg
lects to appear at the time and place
specified, or can furnish no good ex.
cuse, she can be punished either by be-
ing compelled to pay damages or by
fine and Imprisonment. A subpoena
can only be enforced when the person
served Is within the jurisdiction of the
court issuing the same.
When the woman reaches court she
will be sworn to tell the truth and
nothing but the truth in answering
the questions asked of her while testi-
flying, but if she has conscientious
scruples against taking an oath she
can say so and the court will permit
her to testify on her affirmation that
what she says is true. Or she may be
sworn under some form of oath that
she considers binding. Jews have
been sworn on the Hebrew Bible, Mo-
hammedans on the Koran, and in one
peculiar instance a Chinaman was
sworn by getting upon his knees and,
while in that position, breaking china
saucer and the court saying the fol-
lowing words: You shall tell the
truth and the whole truth; the sauce:
is cracked and if you do not tell the
truth you shall be cracked like the
saucer" This appeared to be the form
of oath most binding on mis- conscience.
When a witness tells a falsehood
while testifying she commits what is
called perjury and can be punished By
Imprisonment for so doing. AS a gen.
eral rule husband and wife cannot
testify against each other, but this rule
does not apply to divorce suits, though
it is an excellent one as regards minor
offenses. There are, too, certain times
when a woman can decline to answer
certain questions such as when the an
swer would tend to incriminate her, or
if she is a doctor or lawyer and is pos
sessed of the confidence of her patient
or client. But if she refuses to answer
a question without any legal excuse
she can be punished for contempt OF
court.
In reading and talking of insurance
/ am apt to get the technical terms
confused. Will you please explain as
simply as possible what is meant by
the terms policy, premium, dividend,
assets, etc. "A Woman Policyholder.
The policy is the contract or instru-
ment on which company undertakes
to indemnify a person in whose favor
it is issued against the loss of the life
of the policyholder, or upon her attai1,-
ing a certain age.
The premium is the amount to be
paid by the insured, usually annually
or semi-annually, and is really the sum
required to keep the policy in force
according to it's conditions.
The dividend is the surplus or prof.
distributed to each policyholder after
the liabilities of the company are re-
served.
Assets are the funds and available
property of any kind belonging to
company. These simple terms being
understood, it is easy to understand
the different forms of insurance open
to women and to talk intelligently
concerning them.
please tell me the right of 2
mother to assume guardianship of
child."-An Anxious Mother.
The right of mothers equally with
fathers in the guardianship of minor
children is a recent development in
American legislation, and at presen:
exists in seven states: Pennsylvania,
Colorado, Kansas, Maine, Nebraska,
New York and Rhode Island. In the
remaining states the preference is
given to the father. 1t is a sad COM
mentary on our law that in 81 states
a married woman has no right to have
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