Summary

Portrait of Joseph Story Joseph Story United States v. Murphy (41 U.S. 203…

So, the owner of stolen goods has been universally admitted as a competent witness, in America, at least, to prove the identity of his property and the fact of the theft, if not to prove all other facts, although, independently of the statute of 21 Hen. VIII., c. 11, his competency seems to have been a matter of doubt in England. The general rule, undoubtedly, is, in criminal cases as well as in civil cases, that a person interested in the event of the suit or prosecution, is not a competent witness. But there are many exceptions, which are as old as the rule itself.
Source: Wikisource

Portrait of Joseph Story Joseph Story United States v. Murphy (41 U.S. 203…

And as to the third question, we should have no doubt, that if the witness had such an interest in the fine as would have rendered him incompetent, his competency might have been restored by a release. If, as the argument for the defendant seems to assume, the release is of a mere possibility, no release would be necessary; for a possibility of interest is no objection to the competency of a witness.
Source: Wikisource

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