55 Ala. 28 | Ala. | 1876
The exception to the ruling of the court refusing to exclude the testimony of the witness Cassady, touching the character of Mingo Williams, another witness, cannot be sustained. Mr. Cassady had first testified that he “knew the character of Mingo Williams,” and that so far as he knew it was good, and he thought he would believe him on oath in a court of justice. To all or any of this no objection was made. But having said, on cross-examination, ‘T know the character of Mingo Williams as well as I do any negro, but never heard his character canvassed,” defendants moved to exclude the testimony of Cassady, on the particular ground that he did not know Williams’ character. If the answer made on cross-examination were all that Cassady said in respect to his knowledge of Williams’ character, it would not appear that he was a competent witness to sustain it. But he had previously declared he “knew” it. And his answer to the cross-examination, as to how well he was acquainted with Williams’ character, imports that he knew it as well as he could know that of a person belonging to his class in society; meaning, doubtless, a person so obscure as not to be much talked about, — although he might be very well known to the witness. It is not necessary that the latter should have heard the character of Williams canvassed. Hadjo v. Gooden, 13 Ala. 719. The objection of defendants did not go to the points discussed in Ward v. The State (28 Ala. 53), concerning the form of the question or answer — whether it should be confined or not to the character “for truth and veracity; ” but was based upon the idea,
Let tbe judgment of tbe Circuit Court be reversed, and tbe cause remanded. But tbe defendants must remain in custody, until discharged by due course of law.