An Introduction to the Duties of Magisitrates and Justices of the Peace - Softcover

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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1871. Not illustrated. Excerpt: ... A question not bearing on any of these points--that is, neither affecting the matter in issue nor testing the credit of a witness--cannot be put. Thus, a witness may not be asked questions as to facts not falling within the above-mentioned limits, and injurious to the character of persons not concerned in the cause--Bate v. Hill, 1 C. & P., 100. Nor can he be asked questions on any other irrelevant matter for the mere purpose of afterwards contradicting his answer and thus discrediting him--Spencely v. De Willett, 7 East, 109; Harrison v. Gordon, 2 Lew., 156; Odiorne v. Winkely, 2 Gal., 51; and if such questions are put and answered, without objection, the answers cannot be contradicted--Harris v. Tippett, 2 Camp., 677; Palmer v. Trower, L. J. Ex., 32; 8 Ex., 247. Leading questions are allowed in cross-examination, for there is in general no danger in showing to an opponent's witness the answer desired. But they are also commonly allowed even when the witness is friendly to the cross-examiner--Parkin v. Moon, 7 C. & P., 408; though some restriction should be imposed, if not by strict law, at least by good sense, on the license of putting into the mouth of such a witness the very words required, since the effect of the evidence is well-nigh destroyed when it is a mere echo of the questions--R. v. Hardy, St. Tr., 755. It is never allowable to assume, in a question, a fact as proved, or an answer as given, contrary to the truth--1 Stark Ev., 197, citing Hill v. Coombe and Hoadely v. West, MSS. After the cross-examination, the witness may be re-examined by the party who called him; but the re-examination is confined to eliciting an explanation of what he has said, and such matters stated by him in cross-examination as require to be cleared up, and put in their true ...

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