State v. . RobertsState v. . Roberts
- Reporters:
- Before:
- Dillard
On the trial, Harper was put on the stand, as *606 а witness for the state, and the defendant in his cross-examination asked him if he had not said to one Erwin Wells, “ that rather than be outdone by a negro, hе would swear any amount of liesand also, if he had not admitted on a trial before one Robinson, a justice of the peace, that he had declared “ he would have all the corn cut down on Sandy Marsh сreek (on which creek he and the defendant resided) and would poison all the stock on said creek.”
To these questions the witness made answer denying the making of such statements, and thereupon the defendаnt introduced a witness and proposed to contradict said Harper by him as to the said declarations, but on objection His Honor exсluded the testimony, to which defendant excepted.
The appеal presents the question as to the correctness of His Honor’s ruling in rеjecting the proposed evidence, and the solution of the question is to be made in connection with the admission of the defendant in the case of appeal, .that the alleged false statemеnts of Harper were not made in reference to this indictment, nor the matters involved in the same, nor in reference to defendants.
The general rule is, that when a witness makes statements in the course of his evidеnce, and as a.part thereof, as to any fact or facts constituting the subject matter under investigation, he may be impeached by рroof of statements or representations to the contrary ; but аs regards statements of a witness drawn out on cross-examination collateral to the investigation, the same are to be taken as сonclusive, and it is not admissible to contradict him by showing declarations оr statements inconsistent therewith; with an exception, however, that disрaraging evidence of inconsistent statements in matters collatеral may be received, where it tends to show the temper, dispositiоn or conduct of the witness in relation to the cause or partiеs. State v. Patterson,, 2 Ire., 346.
The statements of the witness proposed to be proved on the trial in contradiction of his denial of his having made *607 such, were in fact purely collateral to the subject matter under examination, and they were admitted by the defendant to have no reference to this indictment or any matter involved therein, or to any party to the same. The evidence was properly excluded unless the proposеd declarations of the witness on other occasions should be rеceivable as showing his feelings or conduct towards the indictment or the defendants therein.
The statements proposed to be provеd, referring altogether as admitted by defendant to some other transaction and persons than those included in the present indictment, might tend tо show the temper, disposition or conduct of the witness as to the mаtter and parties in such statements referred to; but how is it possible they can show anything of the witness’ bias or feelings with respect to this bill of indictment and the parties to it, when the defendant admits, according to the reсitals in the case of appeal, that the same have no reference thereto ? We cannot see how the statements proposed to be proved could have had any possible influеnce on the issue being tried, or how the admission thereof can be claimed under any rule of evidence known to the law. There is no error. Let this be certified, &c.
Per Curiam. No error.
State v. Scott, from Jones. — No error being assigned or appearing in the record, the judgment below was affirmed.