David Josiah Brewer

“ The identification of such bill of exceptions is perfect, vouched by the signatures of the trial judge, the clerk of the district court, and the clerk of the supreme court. To ignore such authentication would place this court in the attitude of resting on a mere technicality to avoid an inquiry into the substantial rights of a party, as considered and determined by both the trial court and the supreme court of the territory. In the absence of a statute or special rule of law compelling such a practice, we decline to adopt it. ”

“ It cannot be assumed that it is indifferent to sacred things, or that it means to lower the holy relations of husband and wife to the material plane of simple contract. So, before any departure from the rule affirmed through the ages of the* common law-a rule having its solid foundation in the best interests of society-can be adjudged, the language declaring the legislative will should be so clear as to prevent doubt as to its intent and limit. ”

“ It can hardly be believed that the legislature would establish one rule of competency for a trial in a justice's court, and a different rule for a trial of the same offense on an appeal to the district court. ”

“ Some, as in Iowa and Nebraska, hold that a new rule is thereby established, and that the wife is a competent witness against her husband in a criminal prosecution for bigamy or adultery, on the ground that those are crimes specially against her. ”

“ The wife of the defendant was called as a witness for the prosecution, and permitted to testify as to confessions made by him to her in respect to the crime charged, and her testimony was the only direct evidence against him. This testimony was admitted under the first paragraph of section 1156 of the Code of Civil Procedure, enacted in 1884, (section 3878, Comp. Laws Utah 1888,) which reads: 'A husband cannot be examined for or against his wife, without her consent, nor a wife for or against her husband, without his consent ”

“ To break down or impair the great principles which protect the sanctities of husband and wife would be to destroy the best solace of human existence.' We do not doubt the power of the legislature to change this ancient and well-supported rule ”