Phenix v. Castner

Citations

• 108 Ill. 207
• 1883 Ill. LEXIS 72

Syllabus

<p>1. Witness—credibility—how to be determined,. An instruction that “no matter how prominent or respectable any one man or woman may be, the jury ought not arbitrarily and without just cause to believe such man’s or woman’s testimony as against the testimony of two or more persons testifying differently upon the same matter,” is calculated to mislead, and is erroneous. It would doubtless be understood that in a conflict the greater number of witnesses should control.</p> <p>2. One “respectable” witness may be believed, notwithstanding any number of persons testify the other way, if from their reputation, or manner of testifying, etc., it is doubtful whether they tell the truth.</p> <p>3. Evidence—cross-examination—as to state of feeling of a witness towards a party. As to collateral matters, in general, if gone into on cross-examination, the party is bound by the answers of the witness, but the state of feeling of the witness toward the adverse party is held not to be irrelevant. Hence it is competent to inquire, on cross-examination, if the witness has not used expressions of animosity or revenge toward the party against whom he bears testimony, and if the witness deny that he has, to introduce evidence to contradict him.</p> <p>i. The fact the witness states he has an unfriendly feeling toward a party, will not stop the inquiry of the witness as to particular declarations or expressions of ill-will, resentment or revenge, and proof of them, if denied by him. There is a wide difference between a mere feeling of unfriendliness, and one of hatred with a willingness to do a personal injury, which implies a heart disposed to the commission of crime, while a want of friendly feeling may be consistent with the highest type of morality. A party is not compelled to put up with the statement of a. witness concerning his own interest or personal relation to the case or the parties.</p> <p>5. Instruction—as to the consideration of testimony—directing the jury in respect ther