San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-01-27
TENDENCY
TOWARD CHANGE
. IN COMMON Law
However, Court Denies That
Wife May Testify in
Husbands Trial.
QUINN'S BOND $500
Judge West Overrules Mo-
ton for New Trial in
Soldiers Case.

The tendency toward adjustment oil
the old common law rule, which made
the testimony of a wife for or against
her husband in criminal case mad.
missable as evidence. was recognized by
Judge Duyal West in federal court Sat
urday, when attorneys for Charles A.
Gwinn. under a four-year sentence 10
the federal penitentiary, presented a
motion for new trial. Although
Judge West admitted that common
sense and reason prompted him to- be-
lieve that the testimony OF a wife
should be admissible as evidence TO be
weighed and considered by the jury,
vet the weight Of authority was against
the admission of such testimony. The
motion for a new trial was oyerruled.
One Of the attorneys for the de-
PENDANT stated that the case would be
appealed on a writ{of error.
Gwinn is charged vita conspiracy TO
pass forged obligations of the United
States government. Two others, sim.
ilarly charged, entered pleas of guilty.
They are James MUIR and Joseph Cley-
engcr Gwinn and Charles W. Muir
ply, also charged in an indictment, en-
tered pleas of not guilty. The jury en-
tered a verdict of guilty against all de-
PENDANTS and penitentiary sentences
were im3oScd by Judge West.
Claim Common Law Obsolete.
In the motion for a new trial, attOr-
neys for Gwinn alleged the court erred
in not allowing the wife OF the de-
PENDANT 10 testify. They asserted that
the court should not have been guided
by the old common law rule made when
wife was under complete dominance
of her husband.
They cited the old common law
which forbade the admission OF testi
mony introduced by q convicted felon.
Decisions against this common law rule
have been upheld by the supreme courts,
The attorneys maintained. They cited
the further fact that the common law
ruling regarding testimony of wife has
been modified 80 that it no longer ap-
niles TO civil eases in federal courts in
the United States. They maintained
that the wife is no longer recognized
as being completely under dominance
of the husband and that il is unfair to
follow n common law ruling made when
conditions giving birth TO the ruling
no longer exist.
In overriding that part Of the de-
fendant's motion. Judge West asserted
in substance that while he personally
believed that the testimony of n wife
in a criminal case should be admis-
sable ms evidence 10 be weighed and
considered by the jury. and that the
jury should be allowed to determine the
value of the testimony. yet the pre-
of authorities compelled linn
70 follow the dictates of the common
law ruling.
Fix Appeal Bond at $500.
Contentious that the court erred in
certain testimony to be consid
cred by the jury in arriving at YER
dict concerning the guilt or innocence
Of the defendant were Overruled.
The appeal bond was fixed at $1,000.
II was stated. after the court adjourned
that the defendant would be able to
make bond.
The case against the four defendants
was the result Of investigations con-
Quoted bv Ed Tyrrell. secret service |
agent. The indictment alleges that |
hey entered conspiracy 10 abstract |
from the base hospital postoffice. vet |
rams bureau checks mailed to disabled |
reterans of the world war, forge en-
lorsements thereon and cash the
shecks.