Page:United States Reports, Volume 2.djvu/247

 Surnrnra Coun or Permjyoonie. :4: ~ opinion has been changed by the modern authorities, which P]95- ' give an evident preponderance to the oppolite fcale; and, in VVV general, the Judges have, of late, been inclined to a more libe- ral admillion of tefiimony, applying exceptions rather to the r - credit, than to the competency, of a witncls. In the exiliing {tate of commercial tranfaftions, indeed, when Promitfory Notes, Bills of Exchange, Bank Checks, and other inftruments, not authenticated by any fubfcribing witnets, are daily circula- tedto an incalculable amount, every principle of policy mul}: enforce the neceflity of allowing the perfon, whofe name is forged, to give evidence of the fad}. ‘ _ But, independent of thefe conliderations, we find the law has been ellablilhed by the repeated decilions of the Courts of Pemjylwrria, as well before, as lince, the Revolution; and, paw ticularly, in a late cafe of Rjbublim ·v. Wright (which may be added to thofe cafes that were cited at the bar) determined by. guy jzrother Team and myfelf at Nj Priu: in the county of ` uc .r. · ‘ Iam, therefore, of opinion that the witnefs ought to be fworn. St-urmm, _‘]ry?iee. I concur in the opinion given by the Chief ‘ Juliiee, but only for one of the reafons, which he has afligned. It appears clearly to my mind, from all the Errglyb authorities produced, that in that country, there has been no relaxation of` ` the rule upon the qucliion of interelt, refpeéling the teltimony of the parties injured, in cafes of Perjury and Forgery; but, on the contrary, from the cafe in Hardr¢ gg t. down to the cafe _ in Leach 28 7, it has been the general praéiice to give a releafe to the witnefs, in order to render him competent. ` In point of policy, likewife, there is undoubtedly an inconvenicncy ariling from the adoption of either doétrine; for, the wimefs may be bialfed by the refleétion, that, although the record on the in- ` diétment cannot be giver in evidence in a civil at‘,`tion, yet, that the conviflion will be  cd of, and infenlibly prejudice the public in his favor. ` My acquiefcence, therefore, in the opinion which has been juli delivered, is founded entirely on the authority of the cafes that have been adjudged in this State. Thefe feem to have fer- a tled the law in favor of admitting the tellimony propofed ; and . I am fenlible of the importance of preferving uniformity in our municipal decilions. Yexres and Srrrrr-r, jijim, declared their concurrence in the opinion of thc Court, as delivered by the Chief juliice. II. The Attorney General offered jircob Morgan, the indorfor of the note, as a wirnelis,--admitting that the iudorfement was in the lrand-writing of Morgan, and that he was liable for the amount of tlrc note to Tbomru Allilwre, the holder. H. It Tho

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