WITNESS (ante) is incompetent to testify if too young to understand the obligation of the oath, or, for other reasons, insensible to such obligation; if insane or intoxicated, or convicted of infamous crimes, if party to the record or directly interested in the result of the suit, or if in possession of privileged communications (such as an attor ney's consultation with clients, or state secrets); husband and wife are incompetent to testify against each other, These are common law rules, and are greatly modified by the statutes of the states; the tendency being very strong to admit witnesses, and allow the jury to judge of their credibility. Thus, parties are allowed to testify in their own behalf in civil, and in most states, in criminal cases; and in many cases husband and wife may testify against each other. A party cannot be compelled to testify against himself, nor need a witness answer questions tending to incriminate himself. But an accused person, if he chooses to go on the stand, is subject to cross-examination. The U. S. judiciary act, 1793, provides that in cases not covered by the U. S. constitution, treatises, or statutes, the laws of evidence of the states shall govern in U. S. courts.
In all states persons having conscientious scruples against taking an oath are allowed to affirm.
a small market and manufacturing t. of Oxfordshire, in a dreary district on the Windrush, 10 m. w.n.w. of Oxford. It is a neat and well-built town, consisting principally of two streets. There is a spacious cruciform church, a blanket-hall (built 1721), a town-hall, and cross (1683). It is celebrated for its blankets, which are distin guished for their peculiar whiteness, communicated, it is said, by the sulphurous qual ities of the waters of the Windrush, used in their manufacture. This branch of indus try has, however, somewhat declined, from the introduction of machinery for blanket making in other towns. Gloves, malt, pilot-cloths, and felting for paper are also man ufactured. The Saxon form of the name is 1Vitaneye, and means, " the island of the wise men," or "the island of the parliament." Witney is connected by a branch with the Great Western railway. Pop. '71, 2,976.