Rockwood v. Poundstone

Citations

• 38 Ill. 199

Syllabus

<p>1. Weight of testimony—who shall judge. It is not the province of the court to tell the jury in a case where there is much and conflicting testimony, or indeed in any case, which evidence is the strongest. The value of all testimony is to be ascertained by the jury, by weighing it, and to find whichever way it preponderates.</p> <p>2. Affirmative and, negative testimony—their relative value. It is not true, that affirmative testimony is to be preferred before negative testimony, so called, under all circumstances.</p> <p>3. So, in a suit where it became necessary to establish the corner of a government survey, it was held erroneous for the court to instruct the jury, that the affirmative testimony of a witness to a certain fact, as for instance, that he saw a government mound and ditch at a certain point, might be regarded by the jury as stronger proof than the testimony of a witness who swore he did not see such a mound and ditch.</p> <p>4. Impeaching ones own witness. A party may not discredit his own witness by general evidence—the meaning of which is, that a party, after producing and examining a witness, can not prove him to be of such a general bad character as would render him unworthy of credit,</p> <p>5. Contradicting the statements of ones own witness. But a party is not bound by the testimony of his own witness. The rule is, if a witness state facts against the interest of the party calling him, another witness may be called by the same party to disprove those facts ; for such facts are evidence in the cause, and the other witness is not called directly to discredit the first, but the impeachment of his credit is incidental, only, and consequential.</p> <p>6. And the power a party has of disproving the facts sworn to by his own witness, and of proving them to be directly otherwise, is not limited or qualified from regard to the effect which may he thereby produced unfavorable to the credit of the witness. The proof thus given may indirectly, throw the