Opinion
(September Term, 1796.)
The wife of a person interested in the event of the question, but not of the cause, is admissible as a witness.
THE defendant offered Mrs. Greenwood to prove that Hagar, the wench in question, was a sound and sensible negro. The point (361) in controversy was whether she was so or not, when McClure sold her to Porter and warranted her to be so. The husband of this witness had purchased the same negro of Porter and since sold her. It was objected that Mrs. Greenwood was incompetent, being interested in the event of the question; for if the negro was really an idiot, then the vendee of Greenwood may resort to him for selling an unsound negro. She is interested in maintaining the negro to have been a sensible one.
The true rule is, if the verdict in this cause may be given in evidence in another cause for or against the witness, then her testimony should not be received; otherwise, it may. Now, the verdict in this cause, to which Greenwood is no party, cannot possibly ever come to be given in evidence for or against him in any other cause to which he shall be a party; and, therefore, she is clearly a competent witness. Formerly there were some doubts whether a witness interested in the question could be received, and for some time the decisions were both ways; but it is lately settled in our courts that no interest but that in the event of the cause shall render a witness incompetent.
She was sworn and gave evidence.
See Farrell v. Perry, ante, 2.