Page:United States Statutes at Large Volume 31.djvu/491

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 439 trary, but to be exercised with legal discretion and in subordination to the rules of evidence; c Second. That they are not bound to find in conformity with the declarations of any number of witnesses which do not produce conviction in their minds against a less number, or against a presumption or other evidence satisfying their minds; Third. That a witness willfully false in one part of his testimony ma be distrusted in others; Fyourth. That the testimony of a11 accomplice ought' to be viewed with distrust and of the oral admissions of a party with caution; Fifth. That in civil cases the aflirmative of the issue shall be proved, and when the evidence is contradictory the iindin shall be according to the preponderance of evidence; that in criminalcases guilt shall be establishe beyond reasonable doubt; _ Sixth. That evidence is to be estimated not only by its own intrinsic weight, but also according to the evidence which it is in the power of one side to plroduce and of the other to contradict; and, therefore, Seventh. hat if the weaker and less satisfactory evidence is offered when it aplpears that stronger and more satisfactory was within the power of the party, the evidence offered should be viewed with distrust. Cmmnn S1x·rY-six. on THE iuer-rrs AND norms or wrmnssns. Sec, Sec. 674. Witness bound to attend when sub- l 677. When witness protected from ar- Wplcenaed. _ rest. 675. at questions witness bound to 678. To make andavit if arrested. answer. 679. Court may discharge witness from 676. Right of witness to protection. arrest. Sec. 674. It is the duty of a witness, dul served with a sub na Wim ¤¤¤¤·i *¤ and tendered mileage and fees for the day ndrmed, to attend at thexliiame téiifil wh°° °°b' appointed with ang papers, books, documents, or other thing under his control recquire by the subpoena, to answer all pertinent and legal _ questions, an, unless sooner ischarged, to remain until the testi- _ mony is closed; but a witness, at the end of each day’s attendance, may demand of the party or his attorney the payment of his le al fees for the next following day, and if not then paid he is not obhged to remain longer in attendance. Sec. 675. A witness shall answer questions legal and pertinent to Wig: quemonswit . the matter in issue, though his answer may esta lish a c aim against "°°” md °°°“’"'°" himself. But he need not give an answer which will have a irect tendency to subject him to criminal prosecution, or to degrade his character, unless, in the latter case, it be as to the very fact in issue, or to afact from which the fact in issue would be presumed., This privile e is the privilege of the witness, but a witness must answer as to the gact of his revious conviction for felony. Sec. 676. It is ge right of the witnessto be protected from irrelevant, rgitggogf wi¤¤¤¤¤ w insulting, or improper questions, or from harsh or insulting demeanor; P ‘ to be detained only so long as the interests of justice require it; to be examined onl as to matters legal and pertinent to the issue. ' Sec. 677. gver person who has been, in good faith, served with a mggdegmgvgsrigstpw subpoena to attend, as a witness before a court, judge, commissioner, ` referee, or other officer, is exonerated from arrest in acivil case while — going to the place of attendance, necessarily remaining there, and _ returning therefrom. The arrest of a witness contrary to this section is void, and when willfully made is a contempt of court; and the omcer making it is responsible to the witness arrested for double the amount of damages which may be assessed against him therefor, and is also liable to