DEAF AND DUMB. No definition is requisite, as the words are sufficiently known. A person deaf and dumb is doll capax; hut with such persons who have not been edu cated, and who cannot communicate their i ideas in writing, a difficulty sometimes arises on the trial.
2. A case occurred of a woman deaf and dumb who was charged with a crime. She was brought to the bar, and the indictment was then read to her; and the question, in the usual form, was put, Guilty or not guilty? The counsel for the prisoner then rose, and stated that he could not allow his client to plead to the indictment until it was ex plained to her that she was at liberty to plead guilty or not guilty. This was at tempted to be done, but was found impossible, and she was discharged from the bar simpli eiter. When the party indicted is deaf and dumb, he may, if he understands the use of signs, be arriigned, and the meaning of the clerk who addresses him conveyed to him by signs, and his signs in reply explained to the court, so as to justify his trial and the infliction of punishment. 14 Mass. 207; 1 Leach, Cr
Cas. (4th ed.) 102; 1 Chitty, Crim. Law., 417.
3. A, person deaf and dumb may be ex amined as a witness, provided he can be sworn; that is, if he is capable of understand ing the terms of the oath, and assents to it, and if, after he is sworn, he can convey his ideas, with or without an interpreter, to the court and jury. Phillipps, Ev. 14. If lie is able to communicate his ideas perfectly by writing, he will be required to adopt that as the more satisfactory method; but, if his knowledge of that method is imperfect, he will be permitted to testify by means of signs. 1 Greenleaf, Ev. 366.