copies. In county courts the proceedings are to be proved by an entry in the clerk's book, or a copy bearing the seal of the court, and purporting to be signed and certified as a true copy by the clerk of the court (t). In other inferior courts the proof is by producing the books in which the entry has been made, or by an examined copy. In bankruptcy, a copy of the Gazette containing an adjudication of bankruptcy is conclusive evidence of the bankruptcy (u). We have already noticed the provision which is Perpetuating made for the reading of the depositions for or against of deceased, &c. the testimony the prisoner in the case of a witness who is dead or too ill to travel (a). To perpetuate the testimony which can be given by a person whose death is apprehended, it is provided that-if it appear to some justice of the peace, and in the opinion of a registered medical practitioner, that some person is not likely to recover, and is able to give material information relating to an indictable offence, and it be not practicable to take the depositions in the ordinary way-the justice may take in writing the statement on oath or affirmation of the person who is ill, opportunity being given to the other party (prosecution or accused) to cross-examine the deponent. Having observed the formalities prescribed by the statute, such depositions are transmitted to the proper quarter. And if on the trial of the offender it is proved that the deponent is dead, or will not in all probability ever be able to travel or give evidence, the statement may be read in evidence (y). how proved. iii. Written documents of a private nature.-As to Deeds, &c., deeds.—As a general rule if they are to be given in evidence, they must be produced themselves at the trial. But in cases of accidental loss, and others arising (t) 9 & 10 Vict. c. 95, s. 111. (u) 32 & 33 Vict. c. 71, s. 10. See also Arch. 272–274. (y) 30 & 31 Vict. c. 35, s. 6. Handwriting, how proved. from necessity, the contents may be proved by copies or other secondary evidence. And so also if other written documents are lost, secondary evidence may be received, if the genuineness of the original instrument is proved at the same time (z). The manner of the proof of the execution of deeds and other written instruments is the same. If the instrument is one to the validity of which attestation is requisite, it must be proved by a subscribing witness. But to this rule there are several exceptions, for example, if the witnesses be dead, insane, &c. (a). But if the instrument is not one which requires attestation, even though it be actually attested, it need not be proved by the attesting witness (b), but may be proved by simple proof of the party's handwriting. Handwriting may be proved in several ways: (a.) By one who has seen the party write (ex visu scriptionis). (b.) By one who has carried on a correspondence, or had other opportunities of getting acquainted with his writing (ex scriptis olim visis). (c). By comparison with documents known and admitted to be in the handwriting of the party (ex scripto nunc viso, or ex comparatione scriptorum). It is provided by statute that comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine shall be permitted to be made by witnesses, and such writings, and the evidence of witnesses respecting the same, may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute (c). (*) v. p. 416. (a) v. Arch. 292, 293. It may be useful to notice the chief points in which Points in differences exist between the rules of evidence in civil which rules of and criminal cases (d): 1. In the latter in some cases more than one witness is required (e). 2. Confessions when admitted when conclusive (ƒ). 3. A party to a cause may be a witness, but a prisoner on his trial may not (g). 4. The husband or wife of a party in a civil action may give evidence for or against his consort; but as a rule, such evidence is excluded in criminal cases (h). 5. The use of the depositions of witnesses prevented from attending in person (i); and their use to contradict the witness at the trial itself (j). 6. In cases of homicide, the dying declaration of the deceased is admitted in evidence as to the cause of death (k). 7. Witnesses to character are allowed in criminal cases. (d) v. 4 St. Bl. 426. (e) v. p. 398. (f) v. p. 418. (g) On an application for sureties to keep the peace before a court of summary jurisdiction, both the complainant and the defendant may be called as witnesses. Summary Jurisdiction Act, 1879, 42 & 43 Vict. c. 49, s. 25. A person charged with an offence under the Army Discipline Act, 1879, s. 149, or the wife or husband of such person, may be a witness. v. pp. 63, 391, 393. (h) v. p. 392. By 40 Vict. c. 14, a defendant, and the wife or husband of a defendant, is made admissible and compellable to give evidence on the trial of an indictment or proceeding for the non-repair of any public highway or bridge, or for a nuisance to any public highway, river, or bridge; and of any other indictment or proceeding for the purpose of trying or enforcing a civil right only. v. also p. 393. (iv. p. 418. (j) v. p. 397. (k) v. p. 417. evidence in civil and in criminal cases differ. Verdict, how how given. CHAPTER XVIII. VERDICT. We have already considered the province of the jury, arrived at, and and the opportunities afforded to them for considering their verdict. In order to clear up any difficulties, they may ask the opinion of the judge on any point which is not exclusively for their determination; or may have read over to them by the judge any part of the evidence; or through the judge, in court, may ask any additional question of any witness. If they cannot after a reasonable time agree upon their verdict, they are discharged (1); the prisoner, of course, being liable to be tried again. Before finding the prisoner guilty, they must be unanimous in believing that there is no reasonable doubt of his guilt, not necessarily that there is no other possible explanation. If they do all agree, on coming into court again, if they have retired, they answer to their names. The clerk of the assize, clerk of the peace, or other officer, thus addresses them" Gentlemen, have you agreed upon your verdict?" "How say you, do you find John Styles guilty or not guilty?" They deliver their verdict through the foreman. In treason or felony the prisoner must be present when this is done; but not necessarily in misdemeanor. Verdicts, general, partial, or special. Verdicts in criminal cases may be distinguished into : General-i.e., "guilty" or "not guilty" on the whole charge. (1) v. p. 382 as to discharge on account of death, &c., of juror. Partial-as when the jury convict on one or more counts of the indictment and acquit on the rest. Special-when the facts of the case as found by the jury are set forth, but the court is desired to draw the legal inference from the facts, for example, whether they amount to murder or manslaughter. several The jury may acquit one of several co-defendants Verdict if who are joined in the same indictment and convict the there are others, and vice versâ; even though charged with jointly defendants. receiving (m). But in cases where to constitute the crime it is necessary that a certain number should join in it, if so many are acquitted that less than the requisite number are left, these also must be acquittedthus, three are necessary for a riot, two for a conspiracy. A person charged with a felony or misdemeanor may Verdict of be found guilty of an attempt to commit the same attempt. offence (n), the same consequences following as if he had been in the first instance charged with the attempt only. misdemeanor, Upon an indictment for a misdemeanor, if the facts Verdict of given in evidence amount to a felony, the prisoner is though facts not on that account to be acquitted of the misde- amount to meanor, unless the court thinks fit to discharge the felony. jury and to order the defendant to be indicted for the felony (0). Upon an indictment for robbery, the prisoner may be Cases in which found guilty of an assault with intent to rob (p). verdict is for crime not charged in Upon an indictment for larceny, the prisoner may be indictment. found guilty of embezzlement, and vice versâ (9). (m) 24 & 25 Vict. c. 96, s. 94. (n) 14 & 15 Vict. c. 100, s. 9. (p) 24 & 25 Vict. c. 96. s. 41. |