David Josiah Brewer

“ On the other hand, to exclude from the witness stand one who shows himself capable of understanding the difference between truth and falsehood, and who does not appear to have been simply taught to tell a story, would sometimes result in staying the hand of justice. ”

“ That the boy was not by reason of his youth, as a matter of law, absolutely disqualified as a witness is clear. While no one sould think of calling as a witness an infant only two or three years old, there is no precise age which determines the question of competency. ”

“ This depends on the capacity and intelligence of the child, his appreciation of the difference between truth and falsehood, as well as of his duty to tell the former. The decision of this question rests primarily with the trial judge, who sees the proposed witness, notices his manner, his apparent possession or lack of intelligence, and may resort to any examination which will tend to disclose his capacity and intelligence, as well as his understanding of the obligations of an oath. ”