Opinion
11-10-1885
PEDRICK v. PEDRICK.
J. W. Wartman, for petitioner. John Harris, contra.
Witness—Credibility—Contradictory Statements.
A child of young and tender age was a witness in a suit for divorce between her father and mother. She was under the mother's charge when a witness, and gave favorable testimony for her. She is now under the father's care, and testifies, on a motion to open the decree, that she swore falsely then. Held that, it being plain that the father has made her flattering offers, her testimony cannot be believed any more now than when she first testified.
J. W. Wartman, for petitioner.
John Harris, contra.
BIRD, V. C. In this case this court made a decree dismissing the bill filed to obtain a divorce upon the ground of adultery of the wife. A daughter was witness, and her testimony was supposed to have some weight in favor of the mother. She was of young and tender age. The case was appealed, and the court of errors sustained the decree of this court. Now the complainant comes in by petition, and asks to have the decree opened because he says the child swore falsely, and is now willing to swear to statements which tend to prove that the mother was guilty of adultery. It is alleged that on the former hearing the child was under the influence of her mother, and that since then she has been so separated from her mother as to be able to speak and act with more freedom, and that she has repented of her former wrong, and confessed to telling a falsehood upon the witness stand. Now, if she makes it appear that she was not to be believed then, how can she be believed now? Then she was under her mother's control. Now it is plain that her father has made her flattering offers. I must advise that the petition be dismissed, with costs.