On this same principle, persons directly interested in the result of the Mit, see INTE REST, or in the reco*1 as an instrument of evidence, are excluded; and where the event of the cause turns upon a question which if decided one way would render the party offered as a witness liable, while a contraiy decision would protect him, he is excluded. Starkie, Ev. 1730. But to this rule, Rho, there are exceptions, Starkie, Ev. 1731, of which the case of agents testifying as to matters to which their agency extended forms one. Starkie, Ev. 83-91 ; 1 Phillipps, Ev. pp. 81-161, and Cowen and Hill's Notes, nn. 74-138 ; 1 Greenleaf, Ev. 386-431.
6. Husband and wife are excluded from giving testimony for or against each other when either is a party to the suit or inte rested. And neither is competent to prove a fact directly tending to criminate the other. This rule is founded partly on their identity of interest, and partly, perhaps chiefly, on the policy of the law which ahns to protect the confidence between man and wife that is essential to the comfort Of the married rein, tion, and, through that, to the good order of society. Whether or not the disability of husband or wife may ever be removed by consent of the other is matter of dispute. 1 Ves. Ch. 49 ; 1 Wheat. Crim. Cos. N. Y. 479 ; 4 Term, 679 ; 3 Carr. & P. 508 ; 1 Greenleaf, Ev. 1 340. But it is not removed by the death of the other, nor by the dissolution of the marriage relation.
Some exceptions to this rule, 1 Greenleaf, Ev. .1 343, are admitted out of necessitir for the protection of husband and wife against each other, and for the sake of public justice. Bacon, Abr. Evidence (A) ; 1 Greenleaf, Ev. if 334-347 ; 1 Phillipps, Ev. 69-81, and Cowen and Hill's Notes, nn. 53-74; Starkie, Ev. iv. 706-715 ; 1 Ves. Ch. 49 ; 1 Jebbs & S. 563 ; Ry. & M. Cr. Cas. 253.
PartWs to negotiable instruments are, in some jurisdictions, held incompetent to in validate these instruments t,o which they have given currency by their signature. Such seems to be the prevailing, but not universal, rule in the United States ; while in England such testimony is admitted. 1 Greenleaf,
Ev. ff 383-386 ; 1 Term. 296 ; 11 East, 309 ; 9 Mete. Mass. 471 ; 12 Pet. 149 ; 3 How. 73; 13 id. 229 ; 5 N. H. 147 ; 4 Me. 191,374 ; 20 Penn. St. 469 ; 22 id. 492 ; 24 Vt. 459 ; 18 Ohio, 579 ; 1 Miss. 541 ; 3 Rand. Va. 316 ; 1 Conn. 260 ; 3 M'Cord, So. C. 71 ; 4 Tex. 371 ; 3 Harr. & J. Md. 172; 2 Harr. N. J. 192.
And, finally, there are certain vrivileged communications, 1 Greenleaf, Ev. if 236-255, to which the recipient of them, froni gene ral considerations of policy, is not allowed to testify.
Attorneys, counsellors, and solicitors at law, and members of the legal profession generally, are not competent to testify to con fidential com munications, or t,o produce papers received from their clients in the course of professional business relative thereto and pending the re lation of counsel or attorney and client. This incompetency is the privilege of the client, and continues forever, unless removed by his consent. Starkie, Ev. 395-401.
The same principle extends to the case of attorney's clerk coming t,o the knowledge of such communications while employed in that capacity ; also .to that of interpreters and other necessary agents and organs of commu nication between the client and legal adviser; so, also, to the case of au arbitrator. 1 Green leaf, Ev. 239.
But it does not extend to the case of any other class of professional men : such as con fessors or other religious advisers, or physi cians. 1 Phillipps, Ev. 161-177, and Cowen iz Hill's Notes, nn. 139-153.
Judges are not allowed to testify to what was made known to them or took place befOrs them in the hearing of causes. 1 Greenleaf, Ev. .1 249.
Persona in possession of secrets of state or matters the disclosure of which would bu prejudicial to the public interest, are not al lowed to testify thereto. 1 Greenleaf, Ev. 250-252 (A).
Grand jurors and persons present before a grand jury, 1 Greenleaf, Ev. .1 252, arc nor permitted to testify t,o the proceedings had before that body. 1 Phillipps, Ev. 177-184, and Cowen & Hill's Notes, nn. 154-157. See