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LIBRARY OF THE
LELAND STANFORD JR. UNIVERSITY.

a.
36319

Entered, according to the Act of Congress, in the year 1841, by

T. & J. W. JOHNSON, In the Clerk's Office of the District Court of the United States for the Eastern District of

Pennsylvania,

Entered, according to the Act of Congress, in the year 1846, by

T. & J. W. JOHNSON, In the Clerk's Office of the District Court of the United States for the Eastern District of

Pennsylvania.

Entered, according to the Act of Congress, in the year 1852, by

T. & J. W. JOHNSON, In the Clerk's Office of the District Court of the United States for the Eastern District of

Pennsylvania.

Entered, according to the Act of Congress, in the year 1854, by

T. & J. W. JOHNSON & Co., In the Clerk's Office of the District Court of the United States for the Eastern District of

Pennsylvania.

Entered, according to the Act of Congress, in the year 1866, by

T. & J. W. JOHNSON & Co., In the Clerk's Office of the District Court of the United States for the Eastern District of

Pennsylvania.

Entered, according to the Act of Congress, in the year 1874, by

T. & J. W. JOHNSON & Co.,
In the Office of the Librarian of Congress at Washington.

Entered, according to the Act of Congress, in the year 1888, by

T. & W. JOHNSON & Co.,
In the Office of the Librarian of Congress at Washington.

PREFACE

TO

EIGHTH AMERICAN EDITION.

In the present edition the author's admirable work has been carefully reproduced, Judge Sharswood's notes to the last American Edition are reprinted intact, and his method of annotation followed. The cases in the Courts of last resort in the various States, of a date subsequent to that of the last edition, as well as those reported in the several law journals and magazines have been collated, and such of them inserted, to the number of twenty-five hundred, as illustrate the subject matter; and the endeavor has been made to call attention to points in regard to which the law in the United States differs from that set forth in the text.

A feature not to be found in any preceding edition is the table of the cases cited in the notes, which, together with the additions made to the index, will, it is hoped, facilitate reference and add, if possible, to the usefulness of the book.

The Editor takes this occasion to express his most cordial thanks to Samuel Hinds Thomas and Philippus W. Miller, Esqrs., of this Bar, to whose untiring and able assistance, what is believed to be the present completeness and accuracy of this work is so largely due.

F. L. W.

PHILADELPHIA, 1888.

ADVERTISEMENT

TO THE SEVENTH AMERICAN EDITION.

That this work in England has gone through Eight Editions and in America Six, and that the public is now presented with the Seventh, is a sufficient indication of the value attached to it by the profession.

It has been found in practice to be a most complete compend of the Law of Criminal Evidence, and the best vade mecum of the advocate on trials.

An excellent arrangement, making it a book of easy reference, and great accuracy and perspicuity, as well as fullness in its references to authorities, have contributed to make it thus popular.

The American notes have been carefully revised, and the cases added to its present time.

G. S. PHILADELPHIA, November, 1874,

iv

PREFACE.

No material alteration has been made in the arrangement of this Work in the present Edition. The greatest care has, however, been taken to insure the correctness of the text, and to insert whatever is useful and within the scope of the book. By the excision of obsolete matter and useless repetitions, the editor has been able, notwithstanding the insertion of many new cases and statutes, to confine the text within reasonable limits, so that the present Edition contains only twenty more pages than the last, which was published in 1877. The subjects of Explosives, Corrupt Practices at Elections, Bankruptcy, etc., have, in consequence of the new statutes passed with reference to those subjects, necessarily taken up more space than in previous Editions.

Some considerable and interesting changes have taken place since the last Edition in the practice upon criminal trials as to the competency of the defendant (and the defendant's husband or wife, as the case may be) to give evidence. Thus in certain cases under the Conspiracy and Protection of Property Act, 1875, the respective parties to the “ tract of service," and their husbands and wives, are competent witnesses. In like manner, under the 10 Vict. c. 14, defendants and their wives and husbands are compellable to give evidence upon indictments for non-repair of, or nuisance to highways. By the Corrupt Practices Prevention Act, 1883, and the Married Women's Property Acts, 1882 and 1884, defendants and their husbands and wives are competent, and in some cases compellable, to give evidence. Also upon an indictment for sending an unseaworthy ship to sea the defendant may, if he pleases, give evidence. These changes in the law are re

con

ferred to in the text, and may be taken as indications of a desire on the part of the Legislature to widen the law of evidence with regard to the competency of witnesses.

The statutes and cases have been brought down to the present time.

The Editor's best thanks are due to his Friend Mr. Kennedy of the Midland Circuit, Recorder of Grantham, for his able assistance during the preparation of this Edition.

HORACE SMITH. 4, PAPER BUILDINGS, TEMPLE,

July, 1884.

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