The King v. Lukens
The King v. Lukens
Opinion of the Court
It often happens that all the witnesses necessary to support a public prosecution, are brought unwillingly to give evidence ; and the act could never intend there should be a prosecutor ^indorsed, J unless there was really a prosecutor existing, for the words in the act
It was then moved, that the defendant himself might be sworn to prove the person prosecuting; but denied by the Court, who said, it must be proved by indifferent witnesses,
There are many cases, however, in which a party to a suit has been admitted to prove facts not immediately connected with the issue. Thus, the service of notice to produce papers, may be proved by a party. (Jordan v. Cooper, 3 S. & R. 675.) So, the loss of a bill of exchange may be proved by the plaintiff, in an action against the acceptor, its previous existence having been proved. (Meeker v. Jackson, 3 Yeates 442.) So of a lottery ticket. (Snyder v. Wolfley, 8 S. & R. 328.) So, in Dehaven v. Henderson, post, p. 424, a plaintiff was admitted to prove the loss of an order given to him by the adjutant-general, for the restoration of property seized by the defendant, to let in evidence of its contents. So, a plaintiff has been admitted to prove the death of a subscribing witness to a deed, in order to let in evidence of his handwriting. (Douglass v. Sanderson, 2 Dall. 116, s. c. 1 Yeates 15.) But he is not competent to prove the handwriting of a witness to a deed (Peters v. Condron, 2 S. & R. 80); nor to prove the handwriting of a person (since dead) by whom the entries in his book were made. (Karsper v. Smith, 1 Bro. app. liii.)
And see Sneider v. Geiss, 1 Yeates 34; Miller v. McClenachan, Id. 144; Davis v. Houston, 2 Id. 289; Coxe v. Ewing, 4 Id. 429; Lodge v. Phipher, 11 S. & R. 333.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.