When a witness is not liable to any legal objection, he is first examined by the counsel for the party on whose be half he comes to give evidence, which is called his examination in chief, who is not to put what are called leading questions, viz. to form them in such a way, as would instruct the witness in the answers he is to give. He is then cross-examined by the other side, when leading questions are necessarily put ; and then he is re-examined as to what he has been asked in his cross-examina tion.
The party examined must depose those facts only of which he has an immediate knowledge and recollection ; he may re fresh his memory with notes taken by him self at the time, and if he can then speak positively as to his recollection, it is suffi cient; but if he have no recollection fur ther than finding the entry in his hook, the book itself must be produced. Deeds, receipts, and writings requiring stamps, must be stamped before they can be re ceived in evidence.
Parole evidence shall not be admitted to annul or substantially vary a written instrument, norto explain the meaning of a testator in a will, though, where there are two persons of the same name, and it is doubtful which is the devisee from an imperfect description, it must be proved by witnesses which is the devisee. By
the statute of frauds, several things must be evidenced by writing,which previous ly might be proved by parole only. See _FRAUDS.
The general rule has been for the last century, under the ablest judges, that no man shall be asked a question, the answer to which might subject him to criminal punishment or pecuniary penalty. It has been lately attempted by some judges to extend it further, to prevent any question being asked which may degrade a man's character, which it is feared will deprive the parties of all the substantial benefits of cross-examination. By stat. 47. Geo III made on the spur of a particular oc casion, and to serve a party purpose on the trial of Lord Melville, a witness can not object to answer a question, which may by the answer render him liable to an action at the suit of another party.