136 Mass. 438 | Mass. | 1884
We see no reason for excluding the question to the witness Jillson, “Did you notice any difference in his mode of conducting business six years ago from his mode twelve years ago ? ” It called for no opinion of the mental capacity of
The question to the witness Bassett, which was excluded, whether six years ago he had failed, is of more importance. We think that any witness of ordinary intelligence, who is fa miliarly acquainted with a person, may testify whether, within a given time, he has failed, mentally or physically. It is essentially a question of fact, the result of his observations, and no more involves an opinion than a great variety of questions upon which witnesses are always allowed to testify. A person may well know that another has failed within a certain period, and yet be unable to recall or narrate the details of the observations from which his knowledge has been acquired, so as to convey any adequate idea of them to others. We think the question should have been admitted. Barker v. Comins, 110 Mass. 477, 487. Parker v. Boston & Hingham Steamboat Co. 109 Mass. 449. See Commonwealth v. Sturtivant, 117 Mass. 122, and cases cited; Commonwealth v. O'Brien, 134 Mass. 198.
The questions put to the witness Conant called for opinions as to the actual mental condition and capacity of the defendant. In this State, experts only and subscribing witnesses to wills have been permitted to give opinions upon questions of sanity, or mental condition and capacity, and only persons of scientific training upon the subject and physicians have been regarded as experts, and we see no reason for including any other persons, unless all persons who have had opportunities for observation of the mental state of the individual in question are allowed to give opinions upon the subject, as they are in many States. It does not appear that these questions were not properly excluded.
Exceptions sustained.