This person comes forward in the light of a witness: every man who does so puts his general character in *issue. You have invited inquiry by stating him to be a man of character and reputation. Every witness at a trial is equally unprepared; we do not, therefore, see why we may not question his credibility as much as if he was before a jury. Read the affidavits.
2 Cai. 260
Pomroy against The Columbian Insurance Company.
On an application for a new trial on account of newly discovered evidence, if the information he stated to have been given by A. B., a person of character and reputation, affidavits to show he is not worthy of credit may be read.
Bogert applied, in this case, for a new trial, on an affidavit of newly discovered evidence from A. B., a man of good character and reputation.
Starr offered affidavits to show the person from whom the information was derived was a man not worthy of belief, and, in the present instance, actuated by motives of revenge.
Bogert objected to their being received, because it wag trying a man’s character, in a collateral way, by surprise, when he could never expect to be called on to support it, and must, therefore, be unprepared.
I dissent entirely from this determination. I think it may lead to very oppressive and serious consequences. A man’s character is to be sifted, not from what he appears and says himself, but from what others relate of him. He may not even be present when the information he gives is made use of, and must, therefore, be surprised by such an inquiry. I cannot agree to trying a man’s reputation in this manner.
H. B. — Documents consisting of certificates and other papers were received in support of the person’s character.
Pomroy v. Columbian Insurance
2 Cai. 260
Case Details
2 Cai. 260
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