A Treatise On the Law of Evidence
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; and if the witness should deny having used such a threat, evidence may be given to contradict him (1).
When a witness has been once sworn to give evidence, the other party may cross-examine him, though he gave no evidence for the party that called him (2). And it is re- ported to have been ruled at nisi prius, that if a witness has been once examined by a party, the privilege of cross- examination continues in every stage of the cause ; so, that the other party may call the same witness to pr...ove his case, and in examining him may ask leading questions (3).
In the case referred to, the witness might possibly have show^n a strong bias in favour of the first party that called him, and on this account perhaps a greater scope was granted to the adverse party than is usually allowed. It may happen, on the other hand, that the plaintiff' calls a witness, unwillingly and from mere necessity, knowing him to be favourable to the other side : in such a case, to allow the defendant, on calling him up afterwards as his own wit- ness, to put leading questions, would be giving him an un- reasonable advantage ; on the contrary, the court might perhaps be induced to invest the plaintiff's counsel with (5) Harris v.
What to read after A Treatise On the Law of Evidence?
You can find similar books in the "Read Also" column, or choose other free books by Phillipps, S. M. (Samuel March), 1780-1862 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
; and if the witness should deny having used such a threat, evidence may be given to contradict him (1).
When a witness has been once sworn to give evidence, the other party may cross-examine him, though he gave no evidence for the party that called him (2). And it is re- ported to have been ruled at nisi prius, that if a witness has been once examined by a party, the privilege of cross- examination continues in every stage of the cause ; so, that the other party may call the same witness to pr...ove his case, and in examining him may ask leading questions (3).
In the case referred to, the witness might possibly have show^n a strong bias in favour of the first party that called him, and on this account perhaps a greater scope was granted to the adverse party than is usually allowed. It may happen, on the other hand, that the plaintiff' calls a witness, unwillingly and from mere necessity, knowing him to be favourable to the other side : in such a case, to allow the defendant, on calling him up afterwards as his own wit- ness, to put leading questions, would be giving him an un- reasonable advantage ; on the contrary, the court might perhaps be induced to invest the plaintiff's counsel with (5) Harris v.
What to read after A Treatise On the Law of Evidence?
You can find similar books in the "Read Also" column, or choose other free books by Phillipps, S. M. (Samuel March), 1780-1862 to read onlineMoreLess
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