Filed February 8, 1901. 1. WITNESS — Competency of Wife. Under the laws of this Territory a wife may testify in a case in which her husband is a party, where she acted as the agent of her husband, concerning the transaction which is the subject matter of the suit, but the fact of such agency must be established before the testimony is offered, and if the fact of such agency is not so established, it is not error for the court to sustain an objection to the testimony of the wife. 2. ACTION UNDER MECHANIC'S