WITNESS, a person summoned, or capable of being summoned, by a court of law, or some officer authorized to take evidence relating to a judicial or other proceeding. All persons are liable to be witnesses, either voluntarily or involuntarily, and it is a duty which every citizen owes to his fellow-citizens, to be available whenever his testimony is deemed desirable. It is a compulsory duty, and the presence of any person can be enforced, both in civil and criminal cases. In England the usual mode of summoning a witness in a court of law, is by serving him with a aubpana, i.e., a formal writ proceed ing in the queen's name, reciting that a certain action is pending in a court named, and a trial is to take place, and commanding the witness to lay aside all and singular busi ness and excuses, and appear at the time and place before the court mentioned, under a penalty (sub pcend) of £100. This is called a subpana ad testificandum. The correspond ing term in Scotch law is diligence (q.v.). If the witness is required to produce a docu ment in his possession it is called a subpoena duces tecum, and lie is told in the writ to bring the document.If a witness do not attend at the time and place mentioned, lie is liable to be punished, either by attachment, i.e., summary imprisonment for contempt, or by an action for damages at the suit of the party summoning him. The subpoena, or notice to attend, must be served a reasonable time before the witness is wanted, and it is generally necessary to give a day's notice beforehand. During a witness's attendance on this public duty, he is privileged from arrest: thus, he cannot be taken into custody for debt while he is going to, remaining at, or returning from the court. Moreover, he is entitled, before lie go to the court, to have his reasonable traveling expenses paid to him, and a sum for subsistence while he remains in attendance. Ile is also entitled to a reasonable allowance for his lost time while attending a civil trial, and courts of law allow 6s. per day to a laborer or journeyman, 7s. 6d. to a master-tradesman, and £1 Is. to £3 3s. to professional men ; to females, according to their station in life. A witness may. in a civil case, but not in a criminal case, refuse to give evidence until his expenses are paid. A witness, before examination, is required to take an oath, which may be in any form which he considers most bindiurr on his conscience; but he must at least believe in a God and a future state of rewards and punishments. When a witness is examined, h is
generally asked specific questions, first, by the party calling him, and ch.ring this examination in chief, the rule is that lie is not to be asked leading questions, i.e., clues. tions which suggest the answer that is required. The opposite party is then allowed to cross-examine the witness, and in doing so, may ask leading questions, or test in every way the truth of witness's statement. After this, the witness is re-examined. There is a technical rule that the party calling a witness is not allowed to impeach his credit, or ask anything having that effect. There are certain questions which a witness may refuse to answer. Such are questions the answer to which might render the witness liable to a criminal charge or penalty; but he cannnot refuse if the effect would merely be to render him liable to a civil action, or merely to degrade him. If a witness live in a foreign country, lie cannot be compelled to come to this country by any sulipcena, and therefore the only way of getting his evidence is to send a commission to some person in the foreign country to take the examination there. Where, however, a witness resit]: ing in Scotland is required for a trial in England, and vice versa, lie may now be com pelled by subpoena to attend in the same way as if lie had resided in England or Scotland respectively.' If the witness is aged or infirm, so that his attendance at the trial would be dangerous to him, he may be examined by a commissioner or examiner before trial. In England, when a witness is sworn, a New Testament is put in his hand, and after the officer of court repeats the form he kisses the book. This form is " The evidence you shall give to the court and jury, touching the matter in question, shall be the truth, the whole truth, and nothing but the truth." When the witness is a Jew or foreigner, the form varies. In Scotland, the witness, when sworn, stands, holding up his right hand, while the judge of the court repeats this form: "I swear by Almighty God, as I shall answer to God at the great day of judgment, that I shall tell the truth, the whole truth, and nothing but the truth, in so far as I know or shall be asked."