The New York herald., 1922-07-02
CHANGES
IN EVIDENCE LAW
Whipple Would Admit Hear
say and Husband and Wife
Condolences.

Special Dispatch TO THE New YORK HERALD.
ATLANTIC CrrY, July 1.-Should a wife
be allowed to testify In court concern
Ing statements or admissions made to
her by her husband when a third person
was not present. and should a husband
be permitted by the laws of evidence to
repeat pertinent things said to him in
private by his wife? This point was
raised by distinguished lawyer of Bos.
ton. Sherman L. Whipple, in an address
before the Maryland Bar Association
Mr. Whipple believes such evidence
should be received. and mentioned the
unfair position In which a wife, who has
heard "the cruel boast of the husband
that he has been guilty OF adulterous
intercourse" Is placed by the present
rigid rules which hold that such testi-
mony would violate "a sacred and hal
lowed confidence" necessary to the
peace and happiness Of married life"
Mr.. Whipple advocated, also, the adj
mission Of "hearsay" evidence, now ex-
cluded by an ancient rule. saying that
hearsay evidence is often as valuable as
first hand evidence. and that hearsay
ought not be excluded from the record.
1T is plain" Mr.. whIpple said. that
the effect Of the rule under which GER
tain kinds Of evidence are excluded Is to
promote the business OF the lawyers. II
ortx
to his attorney his guilt and to secure
his aid to escape his proper punishment
It enables the tricky and dishonest client
to confide with safety his desire to repu-
diate and escape his honest obligations
and to get the advice of counsel how
best to do It.
Senator Robinson of Arkansas op-
posed the suggestion that Cabinet men,
bers be allowed to participate in the
debates of Congress, saying that there
was too much pressure upon Congress
from propogandists and that such an
innovation as suggested would threaten
II not destroy the constitutional divi-
sion between the Legislative and the
executive branches of government.
Inevitably" said Senator Robinson
THE President would be committed in
advance by his Ministers to approval
our scheme of government. should Do
passed upon by him with an independ-
ent mind. Congress would be subjected
to executive influences and the result
would be either the subordnation Of
the legislative mind TO the executive
or hopeless conflict between the two. :"
The Senator defended Congress from
criticism, holding that 1t is responsible
for the prevailing restlessness and dis
content, although the Senator added
lit Is following a faltering leadership
whose strategy Is to make successive
advances and retirements over the same
ground" 1t Is erroneous. he contended
to believe that legislation is the panaces
for the many Ills needing cure. Prop
aganda is working evilly, he said, and
the Government itself Is being admin
istered by propaganda The Senate and
House no longer divide ON strict party
lines, but by blocs and groups organized
to promote special interests-finance
labor, agriculture. Unfortunately. Sena.
tor Robinson said. propaganda canno,
be prevented without infringement Of
free speech.
The Senator made the flat statement
that violations of the national prohibi-
ton law are so frequent and notorious
that the American people are being con.
verted into a nation of law breakers
and he advocated more deliberation in
legislation and the repeal of unneces-
sary, vexatious and admittedly unpopu.
lar statutes" He urged also a simpli.
fication of internal revenue and other
complex laws. and rigid and impartial
enforcement as the surest means OF
compelling the repeal OF obnoxious
statutes"