RULE 56. When a witness cannot be procured to testify viva voce, on account of death, sickness, or absence, then depositions may be read for or against the prisoner.

RULE 57. The evidence given by the witness viva voce, in the presence of the prisoner, may, at the request of the prisoner, be compared with his deposition previously made, to see if he has varied therefrom.

RULE 58. When a witness varies from his own evidence given on a former trial, in relation to the same matter, such variance may be given in evidence to decrease the weight of his evidence.

RULE 59. The prisoner is allowed to produce evidence of his previous good character. Good character is of great weight in every case, and requires particular attention when the charge is founded on circumstantial evidence.

RULE 60. The prosecution cannot give evidence of the bad character of the prisoner, unless the prisoner has called witnesses to prove his good character.

CHAPTER CIV.

FURTHER RULES OF EVIDENCE.

RULE 61. The credit of a witness can only be impeached by showing his general character and reputation. No

cured to testify on account of death, sickness, or absence? With what may the evidence of the witness given rica coca in court be compared? When a witness varies from his own evidence given on a former trial, what is the effect? What evidence, as to character, is a prisoner allowed to introduce? What is the effect of evidence of good character? When only can the prosecution show the bad character of the prisoner?

How only can the credit of a witness be impeached? Can a party con

proof of the commission of crimes, of which he has never been convicted, can be offered.

RULE 62. A party is never permitted to introduce general evidence to discredit his own witness. If the witness proves facts which are against the party who calls him, the party may introduce other witnesses to prove the contrary.

RULE 63. In civil actions, a witness is not bound to attend court unless his fees are tendered to him. In criminal proceedings, the rule is otherwise. Witnesses are in such case bound unconditionally to attend the trial when summoned, and may be required to give bonds to appear and testify without remuneration.

RULE 64. The best evidence of which the case, according to its real circumstances, will admit must be produced, both in civil and criminal cases. If a title-deed is lost, a copy may be introduced in evidence; and if no copy can be produced, parol evidence may be given of its contents.

RULE 65. Parol evidence cannot be introduced to contradict or vary the terms of a written agreement.

RULE 66. In a criminal prosecution, the witness is not required to produce any evidence against himself.

RULE 67. In a criminal prosecution, the district attorney may give notice to the prisoner to produce a paper in court which is in his possession; and in case he neglects to produce it, the district attorney may give evidence of its

contents.

tradict his own witness? If the witness proves facts which are against the party calling him, what may be done? What is necessary in order to bind a witness to attend in civil cases? In criminal cases? What class of evidence must be introduced? If a title-deed be lost, how may it be proved? Is parol evidence generally admissible, if the agreement be in writing? Can a person charged with crime be compelled to produce any evidence against himself? If he has papers in his possession, - what may the district attorney do, if he wishes them produced in court?

RULE 68. Whenever the original is a matter of public record, and cannot be produced in evidence, a certified copy thereof may be produced, unless there were alterations or erasures in the original.

RULE 69. Where an original is of a private nature, a copy is not evidence, unless the original has been lost or destroyed.

RULE 70. What a witness has been heard to say out of court may be given in evidence, to contradict or confirm his evidence given in court.

RULE 71. On a trial for homicide, the declarations of the deceased. in reference to the mortal wound, if made with consciousness of immediate death, may be received against the prisoner, although the declaration was not made in the presence of the prisoner.

RULE 72. The declarations of a convict at the place of excention cannot be given in evidence as dying declarations.

RULE 73. Every witness has a right to explain the evidence he has given; and if doubt arises after his examination is closed, the court may call upon him for such explanation.

RULE 74. Written evidence is preferred to unwritten, in the scale of probability, when they stand in opposition to each other. The verbal testimony of an honest man, fortified by the solemnity of an oath, is yet liable to the imperfections of memory. Contracts reduced to writing

When the original writing is a public record, which cannot be produced in court, what may be done? If a witness has made statements out of court? What declarations of deceased ersons may be introduced in evidence? Is the declaration of a convict at the place of execution such a declaration? What explanation may a witness give of his evidence? Which is entitled to a preference, written or unwritten evidence? Why?

are more permanently secured than they could possibly have been if retained in memory only.

RULE 75. The mere comparison of handwriting is admissible evidence under particular circumstances, resulting from the necessity of the case in civil actions, yet it is not admissible evidence in criminal prosecutions. The comparison of handwriting is mere presumption, founded on likeness, which may casily fail.

RULE 76. If papers are found in the possession of a prisoner, and the writing thereof is found to be in his hand, proved by persons who have seen him write, they are admissible evidence on the part of the prosecution.

RULE 77. The proof of handwriting is the same in criminal cases as in civil cases. The witness is asked, if he is acquainted with the handwriting of the prisoner? If he answer, "Yes," he is asked how he becaine acquainted with his handwriting. If he answers, "I have seen him write," or "I have received communications from him over his signature, which I have acted upon, and which action has been confirmed by the person whose handwri ting it purported to be," the paper is handed to the witness, and he is asked, "Do you believe this to be the handwriting of the prisoner?"

RULE 78. Written or printed papers found in the possession of the prisoner may be read against him in evidence.

RULE 79. Papers relative to any previously formed design to commit treason may be read in evidence as overt acts of that treason.

Is the comparison of handwriting allowed in civil cases? Is it in crimi nal cases? If papers are found in the possession of the prisoner, and are shown to be in his handwriting? Does the proof of handwriting differ in civil and criminal cases? What questions are put to the witness produced to prove the handwriting of the paper produced? If papers be found in the possession of the prisoner? If they relate to any previously

RULE 80. Letters forwarded for the purpose of a treasonable correspondence, whether found in possession of the accused, or intercepted or stopped in the post-office, may be read in evidence to prove the treason.

RULE 81. The final judgment, or sentence of a court having competent jurisdiction of the subject determined, is conclusive in every other court having concurrent jurisdiction. An acquittal on a criminal charge in a foreign country may be pleaded in bar of an indictment for the same offence.

RULE 82. If a principal and accessory are joined in one indictment, the accessory may enter into the full defence of the principal, and avail himself of every matter of fact and every point of law tending to his acquittal, which also tends to his own acquittal.

RULE 83. The conviction of the principal is sufficient evidence of the crime to put the accessory upon his trial, but it is not conclusive evidence, and may be rebutted.

RULE 84. If it appear upon the trial of the accessory, that the offence of which the principal was convicted did not amount to the felony with which he was charged, the accessory may avail himself thereof and be acquitted.

RULE 85. When it is necessary to prove that a person is in a public office or capacity, it is sufficient to show that he acted upon the occasion as such public officer, without producing the written instrument by which he was appointed.

formed design to commit treason? If letters are forwarded for the purpose of a treasonable correspondence? What is the effect of the final judgment or sentence of a court of competent jurisdiction? If a princi pal and accessory are joined in the same indictment, what may the ac cessory do? What is sufficient evidence of the crime to put the accessory on trial? If on the trial of the accessory it shall appear that the offence of which the principal was convicted did not amount to the felony with which he was charged? What evidence is necessary to show that a per