Cases On the Law of Evidence Selected From Decisions of English And American Co

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Cases On the Law of Evidence Selected From Decisions of English And American Co
Edward Wilcox Hinton
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595, 599, 30 Pac. 7), are precisely in point with the present case, in that the alleged declarant was shown to be deceased at the time of the trial. * * * "The danger of admitting hearsay evidence is sufficient to admonish courts of justice against lightly yielding to the introduction of fresh exceptions to an old and well-established rule, the value of which is felt and acknowledged by all. If the circumstance that the eyewitnesses of any fact be dead should justify the introduction of testimo...ny to es- tablish that fact from hearsay, no man could feel safe in any property, a claim to which might be supported by proof so easily obtained. * * * This court is not inclined to extend the exceptions further than they have already been carried. " This decision [Queen v. Hepburn (1813) 7 Cranch, 290, 295, 3 L. Ed. 348, 349, per Marshall, C. J. ] was adhered to in Davis v. Wood (1816) 1 Wheat. 6, 8, 4 L. Ed. 22, 23; Scott v. Ratliffe (1831) 5 Pet. 81, 86, 8 L. Ed. 54, 55; Ellicott v. Pearl (1836) 10 Pet.

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