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the character of such party or witness has been impeached, or unless the issue involves his character.

N. Y. C. C. P. § 1849; Or. C. C. P. § 832.

27 Cal. 300.

§ 2054.

Whenever a writing is shown to a witness, it may be inspected by the opposite party, and if proved by the witness must be read to the jury before his testimony is closed, or it cannot be read except on recalling the witness.

N. Y. C. C. P. § 1850; Or. C. C. P. § 833.



SECTION 2061. Jury judges of effect of evidence, but-to-be instructed on certain points.

2061. The jury, subject to the control of the court, in the cases specified in this code, are the judges of the effect or value of evidence addressed to them, except when it is declared to be conclusive. They are, however, to be instructed by the court on all proper occasions

1. That their power of judging of the effect of evidence is not arbitrary, but to be exercised with legal discretion, and in subordination to the rules of evidence.

2. That they are not bound to decide in conformity with the declarations of any number of witnesses, which do not produce conviction in their minds, against a less number or against a presumption or other evidence satisfying their minds.

3. That a witness false in one part of his testimony is to be distrusted in others.

4. That the testimony of an accomplice ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution.

5. That in civil cases the affirmative of the issue must be proved, and when the evidence is contradictory the decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt.

6. That evidence is to be estimated not only by its own in trinsic weight, but also according to the evidence which it is in the power of one side to produce and of the other to contradict; and, therefore,

7. That if weaker and less satisfactory evidence is offered, when it appears that stronger and more satisfactory was within the power of the party, the evidence offered should be viewed with distrust.

N. Y. C. C. P. § 1852; Or. C. C. P. § 835.

8 Cal. 216; 9 Cal. 565; 12 Cal. 500; 17 Cal. 166; 32 Cal. 213; 34 Cal. 663; 40 Cal. 272.

Vide $$ 608, 2102.

Subdivision 2.-15 Cal. 638: 38 Cal. 57.

Subdivision 4.-Vide § 1870, 2 & 3.

Subdivision 5.-Vide § 1981.

Subdivision 7.--5 Cal. 249: 9 Cal. 430.



SECTION 2064. Witnesses bound to attend when subpoenaed 2.65. Witnesses bound to answer questions.

2066 Right of witnesses to protection.

2067. Witness protected from arrest when attending, or going or returning.

2068. Arrest to be made void, and party making arrest liable, etc.


To make affidavit if arrested.

2070. Court to discharge witness from arrest.

62064. (8 407.) A witness, served with a subpoena, must attend at the time appointed, with any papers under his control required by the subpoena, and answer all pertinent and legal questions; and, unless sooner discharged, must remain until the testimony is closed.

See Or. C. C. P. § 836.

14 Cal. 18; 33 Cal. 641; 36 Cal. 223.

§ 2065. (§ 408.) A witness must answer questions legal and pertinent to the matter in issue, though his answer may establish a claim against himself; but he need not give an answer which will have a tendency to subject him to punishment for a felony; nor need he give an answer which will have a direct tendency to degrade his character, unless it be to the very fact in issue, or to a fact from which the fact in issue would be presumed. But a witness must answer as to the fact of his previous conviction for felony.

Or. C. C. P. § 837.

7 Cal. 184; 35 Cal. 89; 39 Cal. 449.

2066. It is the right of a witness to be protected from irrelevant, improper or insulting questions, and from harsh or insulting demeanor; to be detained only so long as the interests of justice require it; to be examined only as to matters legal aud pertinent to the issue.

N. Y. C. C. P. § 1855; Or. C. C. P. § 838.

2067. ( 415.) Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, referee or other person, in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there and returning thereform.

6 Cal. 32.

2068. (§ 416.) The arrest of a witness, contrary to the preceding section, is void, and when willfully made, is a contempt of the court; and the person making it is responsible to the witness arrested for double the amount of the damages which may be assessed against him, and is also liable to an action at the suit of the party serving the witness with a subpœna, for the damages sustained by him in consequence of the arrest. N. Y. C. C. P. § 1856; Or. C. C. P. § 839.

Ó 2069. (§ 416.) An officer is not liable to the party for making the arrest in ignorance of the facts creating e exoneration, but is liable for any subsequent detention of the party, if such party claim the exemption and make an affidavit stating

1. That he has been served with a subpoena to attend as a witness before a court, officer or other person, specifying the same, the place of attendance, and the action or proceeding in which the subpoena was issued; and,

2. That he has not thus been served by his own procurement, with the intention of avoiding an arrest.

3. That he is at the time going to the place of attendance, or returning therefrom, or remaining there in obedience to the subpœna.

The affidavit may be taken by the officer, and exonerates him from liability for discharging the witness when arrested.

See Or. C. C. P. § 840.

§ 2070. The court or officer issuing the subpoena, and the court or officer before whom the attendance is required, may discharge the witness from an arrest made in violation of section

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