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 WITT

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WITTENBERG

Expert witnesses to some extent have a place in canon law. In ecclesiastical trials witnesses are adduced to prove a fact directly, or indirectly, i. e., by establishing the falsity of the contrary.

The essential qualifications of a witness are knowl- edge of the fact at issue and truthfulness: he must be an eye-witness and trustworthy. Hearsay witnesses, however, are admitted, if necessary, in matters not of a criminal nature, e. g., in proof of consanguinity or other relationship, baptism, etc. Anyone not ex- pressly prohibited may testify. Some, as the insane, infants, the blind or deaf, where sight or hearing is necessary for a knowledge of the facts in question, are excluded by the natural law; others by canon law, as those who are bribed or suborned, those who are infamous in law or in fact, convicted perjurors, excom- municated persons, all in a word whose veracity may be justly suspected. The law likewise rejects those who on account of affection or enmity may be biased, as well as those who may be specially interested in the case. Parents as a rule are not admitted for their children, particularly where the rights of a third party are at stake, or against them and vice-versa; relatives for one another; lawyers for their clients; accomplices or enemies for or against one another: Jews or heretics against Christians; lay persons against clerics, except their own interests are at stake, or there are no clerics to testify; minors or women in criminal cases tried criminally, unless their testimony is necessary, or they tesfif y in favour of t he accused. Clerics, unless compelled by civil authori- ties, are not allowed to testify against the accused when sentence of death is to be imposed (see Irregu- larity). There are many exceptions to these general statements. A witness is more easily admitted in favour of a person than against him, and in civil than in criminal trials. No one is tolerated as a witness in his own case. Hence, those who are engaged in a similar cause, a judge who has adjudicated a hke case, etc. are excluded. False witnesses are those who under oath prevaricate or conceal the truth that they are bound to tell: they are guilty of perjury, and if convicted are infamous in law. Notaries or others by altering or falsifying documents substantially become guilty of forgery (q. v.). (See Espousals; Proof; Examin.\tion.)

Derret. L.. II. tit. 20. De Testibus et AUestalionibus: Santi, Pric- lecl. Juris Can.: Taunton, The Law of the Church, s. v.

Andrew B. Meehan.

Witt, Francis Xavier, reformer of church music, founder of the St. Ceciha Society for German-speaking countries, and composer, b. at Walderbach, Upper Pala- tinate, 9 Feb., 1834; d. at Landshut, Bavaria, 2 Dec, 1888. The son of a school teacher, Witt was instructed in singing and piano and violin playing from his earliest youth, and when he entered upon his Classical studies at Rati.sbon he became a member of the cathe- dral choir under the direction of Joseph Schrems, through whose masterful interpretations of the long neglected sixteenth-century conipo.sers, Dr. Proske's reform ideas were beginning to be put into practice. Witt's imusual musical gifts enabled him to grasp and remember everj- composition performed by the choir, and his musical development received from liis humanistic, philosophic, and theological studies a solid foundation. Ordained priest, 11 June, 1856, for the next three years he was assistant pastor in Ober- schneiding. Although so zealous for the care of souls that for a time he tiiought seriously of Ix'coming a missionary, he continued the study of music in all its branches, and acquired the remarkable technical, historical, and esthetic knowledge and (Equipment so neces.sary for his future work. On 17 Aug., IS.')'.), he was called to the theological seminary at Uati.sbon as teacher of Oregorian chant, hoinilctics, and calc- chetica. After three years he applied for the position

of director of the Sodality of the Blessed Virgin Mary and choirmaster at the Church of St. Emmeran in Piatisbon. On 1 Jan., 1866, appeared the first number of his paper, "Fhegende Blatter fiir Kirchenmusik", for teachers, organists, and choirmasters, founded, according to his own words, to make war upon existing conditions in church music. The journal met with immediate success, and continues its mission to this day. He also served the cause of reform with great effect as a forceful speaker and as a composer. On 1 Jan., 1868, he began the publication of "Musica Sacra", a complement to "Fhegende Blatter", for the adequate treatment of all questions regarding the relation of music to the hturgy. During the same year, at the general diet of German Cathohcs held at Bamberg, Witt founded the St. Ceciha Society for Germany, Austria, and Switzerland. At the request of twenty-nine bishops the society was approved and given a cardinal protector by the Holy See in 1870. Witt served as its president for twenty years. In 1873 he became pastor of the parish of Schatzhofen, but, two years later, faihng health forced him to retire to Landshut, where he spent the last ten years of his life without pastoral charge. Father Witt united practically all the requisites of a successful reformer. Indomitable energy and a highly artistic temperament were made to serve the theologian and zealous pastor who realized the harm which was being done to the faithful by unworthy music. With his vigorous pen and spoken word he urged upon church musicians, priests, and laymen the moral obhgation of obeying the laws of the Church, and a return to the Gregorian chant as the basis and informing principle of all music for Uturgical use. His reform ideas, prop- agated through the St. Ceciha Society with its 14,000 members, several music schools, and a large number of journals devoted to the cause, have not only trans- formed musical conditions in the countries where they were put forth, but have had an echo throughout the Catholic world. As a composer Witt created a style entirely his own. Virility in his melodic material, vivid and striking declamation of the text, masterful contrapuntal construction, spontaneity, and organic cohesion are some of the characteristics of his works. He wrote more than twenty masses for different combinations of voices, some with organ, some with orchestra accompaniment, and others a cappdla, htanies, motets, covering practically the whole liturgi- cal year, and a large number of other compositions, most of which are standard and included in the reper- toire of the best choirs throughout the world.

Walter, Dr. Franz Wxtt, ein Leben^bild (Ratisbon, 1809); Charles {Max Chop), 7eiigen6ssische Tondichter, Dr. Franz Witt (Berlin, 1890).

Joseph Otten.

Wittenberg, City and University of. — The city is in Prussian Saxony and was founded by Albert the Bear (d. 1170). He had conquered the surrounding territory from the Slavs and replaced them by Ger- man colonists, especially by Flemings from the lower Rliine. These colonists settled near the citadel forti- fied against the Slavs on the boundary, and called the spot W ittenhorg (white moimtain). Albert's son, Bernhard, became Duke of Saxony, and founded the Ascanian line of the Dukes of Saxony. His grand- son, Albert 11 (1260-98), wasthe ancestor of the line of Saxe-Wittenberg whose capital was Wittenberg. In 1293 the city received its franchises. In 13.56 the electoral dignity was granted to the Dukes of Saxe- Wittenberg. When the line became extinct in 1422, the country fell to Frederick the Warlike of Wettin and his descendants. During the nigns of Frederick the ^\■is(■ (l4S6-l.')2,'j) and his two successors, Witten- berg hfcanie once more the capital of the count rv. After the battle of Miihlberg (1.547) the Emperor Charles V entered Wittenberg as a conciueror and took the electoral dignity from John Frederick.