INFIDEL. One who does not believe in the existence of a God who will reward or punish in this world or that which is to come. Wines 550. One who professes no religion that can bind his conscience to speak the truth. 1 Greenl. Ey. § 368. One who does not recognize the inspiration or obliga tion of the Holy Scriptures, or generally recognized features of the Christian religion. Gibson v. Ins. Co., 37 N. Y. 580.
This term has been very indefinitely ap plied. Under the name of infidel, Lord Coke comprises Jews and heathens ; Co. 2d Inst. 506; Co. 3d Inst. 165; and Hawkins includes among infidels such as do not believe either in the Old or New Testament; Hawk. Pk Cr. b. 2, c. 46, s. 148.
The objection to the competency of wit nesses who have no religious belief is re moved in England and in most of the United States by statutory enactments ; 1 Whart. Ev. § 395.
It has been held that at common law it is only requisite that the witness should be lieve in the existence of a God who will punish and reward according to desert; 1 Atk. 21; Butts v. Swartwood, 2 Cow. (N. Y.)
431; Wakefield v. Ross, 5 Mas. 18, Fed. Cas. No. 17,050; Arnold v. Estate of Arnold, 13 Vt. 362; Blair v. Seaver, 26 Pa. 274; that it is sufficient if the punishment is to be in this world; Shaw v. Moore, 49 N. C. 25; contra, Atwood v. Welton, 7 Conn. 66. And see People v. McGarren, 17 Wend. (N. Y.) 460; Cubbison v. McCreary, 2 W. & S. (Pa.) 262; Brock v. Milligan, 10 Ohio 121. A wit ness's belief is to be presumed till the con trary appear ; Donnelly v. State, 26 N. J. L 463; id., 26 N. J. L. 601; and his disbelief must be shown by declarations made pre viously, and cannot be inquired into by ex amination of the witness himself; 1 Greenl. Ev. § 370, n.; Scott v. Hooper, 14 Vt. 535.