Page:United States Statutes at Large Volume 47 Part 1.djvu/1143

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . SEC. 1200. WITNES S, HOW E XAMINED; WHEN REEXAMINED.-A wi t- Reexamination of nes s onc e exam ined can not be reexa mined as to the same matter witness. without leave of the court, but he may be reexamined as to any new matt er upon which he has bee n examin ed by the adverse party. And after the examinations on both sides are once concluded, the witness can not be recalled without leave of the court. Leave is granted or withheld, in the exercise of a sound discretion. SEC. 1207. How IMPEACHED .-A witness may be impeached by the n ~meach i raaicopt- party against whom he was called, by contradictory evidence or by evidence; n ce, general repu- evidence th at his general r eputation for tr uth, honesty, or integrity is bad, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he had been convicted of a felony. SEC. 1208 . SAME .-A witness may also be im peache d by evide nce Former conflicting that he has made, at other times, statements inconsistent, with his statements of witness. present testimony; but before this can be done the statements must be related to him, with the circumstances of times, places, and per- sons pres ent, a nd he must be asked whether he made such state- ments, and if so, allowed to explain them. If the statements be in writin g, they must be shown to the wit ness bef ore any question is put to him concerning them. SEC. 1209. E VID ENCE OF GO OD CHA RACT ER, WH EN ALLOWED .-Evi- charst ,, admissibil- dence of the good character of a party is not admissible,in a civil ity action, nor of a witness in any action, until the character of such party or witness has been impeached, or unless the issue involves his character. SEC. 1210. WR ITIN G SH OWN TO WITNESS MAY BE INSPECTED BY Inspection of writ. ings shown witness. ADVERSE PARTY .-Whenever a writing is shown to a witness, it may be inspected by the opposite party, and no question must be put to the witness concerning a writing until it has been so shown to him. SEC. 1211. EXAMINATION OF ADVERSE PARTY.-A party to the record of any civil action or proceeding or a person for whose immediate benefit such action or proceeding is prosecuted or defended, or the directors, officers, superintendent or managing agent of any cor- poration which is a party to the record, may be examined by the adverse party as if under cross-examination, subject to the rules applicable to the examination of other witnesses. The party calling suc h adv er se witness shall not be bound by his testimony, and the testimony given by such witness may be rebutted by the party calling him for such exa mination by othe r evidenc e. Such witness, when so called, may be examined by his own counsel, but only as to the matters testified to on such examination. EFFECT OF EVIDENCE 1119 Examination of ad- verse party. Effect of evidence. SEC. 1212 . JURY JUDGES OF EFFECT OF EVIDENCE, BUT TO BE Jury to be judge of. INS TRU CTE D ON CER TA IN POINTS .-Where trial is by jury, the jury, subject to the control of the court, in the cases specified in this code, are the judges of the effect or value of evidence addressed to them, except when it is declared to be conclusive. They are, however, to Instructions by the be instructed by the court on all proper occasions, court. Pow 1 . That their p ower of judging of the e ffect of evidenc e is not to he aer o aryging. not arbitrary, but to be exercised with legal discretion, and in subordina- tion to the rules of evidence; 2. Th at th ey are not bound to decide in con fo rmi ty wi th the not c nt ro ~ gwitnesses declarations of any number of witnesses, wh ich do not pro duce conviction in their minds, against a less number or against a presumption or other evidence satisfying their minds;