Noah Haynes Swayne

“ In all he has full knowledge, no motive to falsehood, and there is the strongest improbability of untruth. Safer sanctions rarely surround the testimony of a witness examined under oath. The rule is as firmly fixed as the more general rule to which it is an exception. Modern legislation has largely and wisely liberalized the law of evidence. ”

“ The others are disposed of by what was said in the preceding case.
In Taylor et al. v. United States, [1] foreign invoices relating to goods other than those of the claimant, and received by other merchants, were admitted to rebut the evidence given by the claimant of a general usage to allow a deduction of five per cent. for measurement-those invoices showing no such allowance-and a foreign letter attached to one of the invoices, though objected to, was also received. ”

“ Clough [3] a like entry made by an attorney's clerk, contemporaneously with the service, was held to be admissible for the same reasons; but the after parol declaration of the clerk, offered to contradict the entry, was rejected. In this case Lord Campbell said, 'I entirely approve of the decision in Doe d. Patteshall v. Turford, and the cases decided upon the same principle. They lead to the admission of sincere evidence, and aid in the investigation of truth.'
In Carrol v. Tyler, [4] in Sherman v. Crosby, [5] and in Shearman v. ”