Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/226

214 place, where the fact was alleged to be committed, was where it was poible he might have been heard, and he made no outcry; thee and the like circumtances carry a trong, but not concluive, preumption that her testimony is fale or feigned.

if the rape be charged to be committed on an infant under twelve years of age, he may till be a competent witnes, if he hath ene and undertanding to know the nature and obligations of an oath; and, even if he hath not, it is thought by ir Matthew Hale that he ought to be heard without oath, to give the court information; though that alone will not be ufficient to convict the offender. And he is of this opinion, firt, becaue the nature of the offence being ecret, there may be no other poible proof of the actual fact; though afterwards there may be concurrent circumtances to corroborate it, proved by other witnees: and, econdly, becaue the law allows what the child told her mother, or other relations, to be given in evidence, ince the nature of the cae admits frequently of no better proof; and there is much more reaon for the court to hear the narration of the child herelf, than to receive it at econd hand from thoe who wear they heard her ay o. And indeed it is now ettled, that infants of any age are to be heard; and, if they have any idea of an oath, to be alo worn: it being found by experience that infants of very tender years often give the cleart and truet testimony. But in any of thee caes, whether the child be worn or not, it is to be wihed, in order to render her evidence credible, that there hould be ome concurrent tetimony, of time, place and circumtances, in order to make out the fact; and that the conviction hould not be grounded ingly on the unupported accuation of an infant under years of dicretion. There may be therefore, in many caes of this nature, witnees who are competent, that is, who may be admitted to be heard; and yet, after being heard, may prove not to be credible, or uch as the jury is bound to believe. For one Rh