Page:United States Statutes at Large Volume 47 Part 1.djvu/1144

 1120 Witness test ifying falsely. Testimony of acc om- plice ..f rmative must he prosed in civil action ; pr epo nde ra nce of eii- de nce Proof he and rci °o n- ahle doubt in criminal prO coition Intrinsic value not controlling When iieaker evi- dence offered, if stronger as ailahle. Rights and duties of ii it nesses SEC. 1213. Wrr NFSS POT- ND TO ATTEN D WHEN SUBr( ENAED . -A wi t- ness, served w ith a subpcrna, m ust attend at the time appointed, with any papers under his control lawfully required by the subpoena, and answer all pertiflefit and legal questions ; and, unless sooner discharged, must remain until the testimony is closed . SI T. 1214. W ITN ESS BO UND TO ANS WER QUESTIONS .-A witness must answer questions legal and pertinent to the matter in issue, though his answer may establish a cl aim against hims elf ; but he need not give an answer which will have a tendency to subject him to punish- ment for a felony ; nor need lie give an answer which will have a direct tendency to degrade his character, unless it be to the very fact in issue, or to a fact from which the fact in issue would be presumed . But a witness must answer as to the fact of his previous conviction for felony. protecti on . SEC . 1215 . RIGHT Or WITNESS TO PROTECTION .-It is the right of a witness to be protected from irrelevant, impr oper, or insulti ng ques- tions, and from harsh or insulting demeanor ; to be detained only so long as the interests of justice require it ; to be examined only as to matters legal and pertinent to the issue. Exemption from ar- SI °
 * c. 1216.

WI TNES S PIIOTI:C'TED FROM ARREST WHEN ATTENDING, OR rest. At te nda nce under su bpi i'n .i co iil tsii lso r5 Tectimnay compul- sory . Exceptions Self-incriminatory, etc. testimony Right to Arrest void. Liabilit,, of person arresting, nilncss. Ar rest by off icer. Affi davit by party arrested. Under subpoena . 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 3. That a witness false in one part of his testimony is to be distrusted in others ; 4 . That the testimony of an accomplice ought to be viewed with distrust, and the evidence of the oral admiss ions of a party With caution ; 5 . That in civil cases the affirinative of the issue must be proved, and when the evidence is contradictory the decision must be made according to t he preponderanc e of evidence ; that i n criminal cases guilt must be established beyond reasonable doubt ; 6. 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 produce and of the other to contradict ; and, therefore, 7 . That if weaker and less satisfactory evidence is offered, when it appears that stronger and more satisfactory was within the power of the party, the evidence offered should. be viewed with distrust. RIGHTS AND DU TIES OF WITNESSES GOI NG, OR R1 °
 * I'URNING .-Every person who has been, in good faith,

served with a stibpeitnA to attend as a witness before a court, judge, commissione r, referee, or o ther person, in a case where th e diso- bedience of the witness may be punished as a contempt, is exonerated from arrest in a civil actio n while going to the place of att endance, necessarily remaining there, and returning therefrom. SEC'. 1217 . ARTIEST VOID, AND PARTY MAKING ARREST LIABLE ; AND SO rol:TII .--The arrest of a witness, contrary to the preceding section, is void, and, when willfully made, is a contempt of the court ; and the person making it is responsible to the witness arrested for double the amount of the damages which may be assessed against him, and is also liable to an action at the suit of the party serving the witness with the su bpoena, for the damages sustain ed by him in con sequence of the arrest. SEc. 1218. To MAKE AFFIDAVIT IF ARRESTED .-An officer is not liable to the p arty...for making t he arrest in igno rance of the fac ts creating the exon eration, but is liable for any s ubsequent deten tion of the party, if such party claim the exemption, and make an affidavit stating 1 . That he has been served with a subpoena to attend as a witness before a court, officer, or other person, specifying the same, the place