56 N.J.L. 44 | N.J. | 1893
The only question argued by the defendant’s counsel refers to the rejection of the expert testimony offered for the purpose of showing that the defendant could not use the English words that the state’s witnesses swore that he had used in their hearing. The expert witness offered by the defendant was the court interpreter, and his qualification consisted in the fact that he understood the native language of the prisoner and also the English tongue, and the basis for his proposed opinion was an interview had with the prisoner half an hour previous to the time the offer of proof was made.
We think this offer was properly rejected. If the purpose was to deny that the defendant, as matter of fact, had used the words that the state’s witnesses say he used, it was clearly incompetent. The offer can rationally go no further than that the defendant did not understand the meaning of the words ascribed to him or that he could not have used them in their proper sense. This, however, is not a matter relating to any profession, science or art, so that one expert in such calling can, by examination of the defendant, or upon a hypothetical question, express an opinion. The materials for such an investigation could be gathered only by one having opportunity to observe the defendant’s habit in the use of the English tongue, and could be testified to only by those who from such observation had actual knowledge in this respect. Doubtless a man of linguistic accomplishment would be better able than an ordinary observer to understand the difficulties of our language and to estimate the extent to which the defendant had succeeded in overcoming them ; but this would not constitute him an expert witness. His testimony, if admitted under such circumstances, would be received, not.as an expert’s opinion, but because it came within that class of cases in which a witness may state the inference drawn by him from facts within ordinary knowledge occurring in his presence. Familiar instances in which testimony of this kind may be given are, wdiether two people were in love,
Einding no error in this record, nor in the course pursued at the trial, the judgment of the court below is affirmed.