Page:United States Statutes at Large Volume 31.djvu/490

 438 FIFTY-sixTH oorroanss. Sess. 1. on. 780. 1900. wgtglgen wvitrgegshmgy Sec. 665. A witness is allowed to refresh his memory, respecting a merhgvrjiiirtiiiiiiviitsngi fact, byl anything written by himself or under his direction at the time when the fact occurred or immediately thereafter, or at an other time when the fact was fresh in his memory and he knew that the same was correctly stated in the writing. But in either case the writing must be produced, and may be inspected by the adverse party, who may., if he choose, cross—examine the witness upon it, and may read it to the jury. So, also, a witness may testify from such a writing, though he retain no recollection of the particular facts; but such evidence shall be received with caution. m§g>(g=¤f¤r¤»¤xw- Sec. 666. The adverse (party may cross-examine the witness as to ' any matter stated in his irect examination or connected therewith, and in so doing may put leading questions; but if he examine him as to other matters, suc examination is to be subject to the same rules P as gt direct7ex[al1ir1ination. d H d h Mt". ¤°* *° im- no. 66 . e art ro ucing a witness is not a owe to im ac KS2? is Own rr his credit by evidgncdroif bad character, but he may contradict hi;1 by other evidence, and may also show that he has made at other times statements inconsistent withhis present testimony, as provided in section six hundred and seventy. ,,§{},‘§{““· "°“' ’°°*‘ Sec. 668. A witness once examined shall not be reexamined as to the same matter without leave of the court; but he mgg be reexamined as to any new matter upon which he has been examin by the adverse partly. After the examinations on both sides are concluded the witness • shal not be recalled without leave of the court. Leave is granted or withheld in the exercise of a sound discretion. . gcggd Wi=¤¤¤¤ im- Sec. 669. A witness may be impeached by the party against whom Phe was called, by contradictory evidence, or by ev1dence that his gleneral reputation for truth is bad, or that his moral character is suc as to render him unworth of belief, but not by evidence of particular wrongful acts; excplgt that it may be shown by the examination of the witness or the reco of the judgment that he has been convicted of a crime. mms ¤¤b5¤¤*· Sec. 670. A witness may also be impeached blt; evidence that he has . made at other times statements inconsistent with is present testimony; but before this can be done the statements must be related to him, with the circumstances of times, places, and persons present; and he shall be asked whether he has made such statements, and, if so, allowed to explain them. If the statements bein writing, they shall be shown to _ the witness before any guestion is put to him concerning them. , chF.¥;•;$g`9° “$>,{en8¤g§ Sec. 671. Evidence 0 the (good c aracter of a partly is not admissible mweu. ’ in a civil action or procee ing unless the issue therein involve his m§tYur;s¢;¤sm:¤¤{)¤;¤ ig; Sec. 672. Whenever a writing is shown to a witness it may be spected byy adverse inspected by the adverse party, and if proved by the witness, shall be l’“""· read to the jurlyi before his testimony is closed, or it shall not be read, except on reca ing the witness. CHAPTER- S1x·rr-rxvn. on Tun EFFECT or nn mnnon. _ Sec. 673. On what points jury to be instructed. ,°Qg{{,l;·,,Eu1;°,ja!;,*¤i“*Y· Sec. 673. The jury, subject to the control of the court in the cases ` s ecihed in this code, are the judges of the effect and value of evidence addressed to‘them, except when it is thereby declared to be conclusive. They are, however, to be instructed by the court on all proper occasions: First. That their power of judging the effect of evidence is not arbi-
 * character, nor of a witness in any action or proceeding until the character of such witness has been impeached.