Proof not the book of the law, but the evidence of the witnesses Witnesses to character in criminal cases Witnesses endorsed on indictment Others at discretion of Judge Death of witness previously to cross-examination Leading questions, to what extent admissible on cross-examination Impeachment of personal credibility Discredit by contradiction of other testimony on relevant matter ib. ib. ib. Witness not to be taken by surprise character Partiality. Defect of memory as to parts of a transaction, concurrently Want of moral character When question may be put, though witness decline to answer Interrogation discreditive only, to be vigilantly watched Denial or silence incapable of being met by contradiction Practical unimportance of the discussion Witness may stop short at any stage of interrogation Partiality Whether witness may be discredited by showing motive, &c. Result of examination must be to establish a bias Independent testimony of reputation for untruthfulness Whether to be confined to veracity, or extended to general Re-establishment of impeached reputation Previous inconsistent statement ib. ib. ib. ib. ib. ib. 247 ib. ib. 248 249 ib. 250 ib. 251 252 ib. ib. 253 ib. 254 ib. ib. When document not forthcoming, secondary evidence admissible 257 ib. ib. When production of documents by one side, gives right to inspection by the other ib. CHAPTER IX. ON THE RE-EXAMINATION AND RECALLING OF WITNESSES,—AND OF EVIDENCE CORROBORATIVE AND IN REPLY. To be confined to matters arising on cross-examination But particular questions allowed, with sanction of Judge Where statements have, varied from those on examination-in- Or facts gone into not relevant Or the witness, on cross-examination, obtrudes irrelevant matter A witness may be recalled at any stage with leave of the Court After case closed, leave granted with reluctance ib. Except to supply formal proof ib. To supply formal proof, even new witness may be produced Discovery of former inconsistent statement,-recalling in case of Evidence, Corroborative ib. ib. 265 Impeached reputation may be restored by evidence in reply Corroborative or contradictory evidence in reply ordinarily inadmis ib. ib. In case of distribution of issues,-depending on burthen of proof ib. 269 ib. |