145 P. 1069 | Or. | 1915
delivered the opinion of the court.
At the trial the plaintiff herself was a witness, and gave testimony in support of her cause of action as narrated in her complaint. The defendant cross-examined her regarding her life and some of her transactions in Alabama about the year 1905 in matters affecting her chastity and purity at that time, including a suit instituted by her against a man for her seduction. Her counsel objected to this, on the ground that it was not proper cross-examination, irrelevant and immaterial, and proper only as a matter of defense. A second exception is founded upon the fact that after the plaintiff had rested her case, and part of the testimony for the defendant had been put in, the court allowed the defendant to recall the plaintiff for further cross-examination. The record discloses that' at the close of her examination by the defendant, while she was on the stand in support of her case, counsel for defendant reserved the right to further cross-examine her. On this renewed interrogation by' the defense she was questioned at length regarding sundry meretricious relations she sustained with different men both before and after the commencement of this action, all over the objection of the plaintiff that it was not proper cross-examination, irrelevant, incompetent and immaterial.
“If a party to the action, suit, or proceeding offer himself as a witness, that is to be deemed a consent to the examination also of a wife, husband, attorney, clergyman, physician, or surgeon on the same subject. * * ”
“A witness once examined shall not be re-examined as to the same matter without leave of the court; but he may be re-examined as to any new matter upon which he has been examined by the adverse party. After the examinations on both sides are concluded, the witness shall not be recalled without leave of the court. Leave is granted or withheld in the exercise of a sound discretion.”
It is not apparent that the court abused its discretion in allowing the witness to be recalled, especially since counsel for the defendant gave notice at the time
“Subject to the sound discretion of the court, a witness may be compelled to answer any question which tends to test his credibility, or to shake his credit by injuring his character, however irrelevant it may be to the facts in issue, and however disgraceful the answer may be to himself; except only that he may claim, his privilege and refuse to answer a question which tends to expose him to a criminal charge.”
See, also, Redsecker v. Wade, 69 Or. 153 (138 Pac. 485).
It may be well said, based upon the citations presented by the plaintiff, that if a man, knowing the character of the woman to whom he proposes marriage, violates the contract, her unchastity will furnish no defense, because under the circumstance of his knowledge of her shortcomings he cannot plead it as a bar to the action. The precedents cited would be applicable if an attempt had been made by affirmative matter to interpose a plea in bar to the plaintiff’s cause of action. That is not the question here. The issue involved on that point is the amount of damages required to recompense the injury which the plaintiff has received, and on the general issue it is admissible to show whether the plaintiff is a person who would likely
Finding no error, the judgment is affirmed.
Affirmed.