¶1 On the trial of this case the following question was proposed tobe put to the witness, Nat. Caldwell: “Did he not say to Ool. H. O. Jones, while conversing with him in jail, that he was very sorry that Eliza and her mother were put in jail for his devilment, and that it Eliza would tell the truth upon her mother she-would come clear.” This testimony was objected to by the State, and the Court refused to permit the question to be answered, on the ground that the representations made by the witness to Col. Jones were confidential communications. It is admitted in this Court, on the part of the State, that if this evidence was otherwise admissible, it could not be rejected for reason given by the Judge. So, the question is, was the testimony competent for any purpose? 11 so, then it was error to reject it. State v. Patterson, 2 Ire., 346. The question in that case was in relation to the transaction then under investigation, and about which the witness had deposed ; and Judge Gaston, in delivering the opinion oí the Court, in the case of the State v. Patterson, says: “It is well settled that the credit ot a witness may be impeached by proof that he has made representations inconsistent with bis present testimony, and whenever those representations respect the subject matter, in regard to which lie is examined, it never Ins boon usual to enquire of the witness, before offering the disparaging testimony, whether he has, or lias not made such representations.” These remarks of the Judge were made, not to show that the witness might not himself be asked the question, but that in such a case the wetness might be contradicted, without first asking him if he had not made such representations. In such a case, it has never been held that such a question might not be propounded to the witness. Indeed, the usual course is to put the question to the witness, but it is not necessary to do so, as in such a case he may be contradicted without first en *122 quiring of the witness whether or not he has made such representations. No reason can be given, why such representations may not be as well proved by the witness who made them, as by any other witness, save that they have a tendency to disparage him. But this doctrine, in regard to asking questions of witnesses, tending to disparage them, has been greatly modified in modern times, and it is now held that you may put almost any question to the witness, and that the witness is bound to answer it, unless the answer might subject him to an indictment, or to a penalty under a statute. The question, we think, should have been permitted, and he was bound to have answered it.
¶2 As this disposes of the case in this Court, it is unnecessary? to decide the other questions made in the case, some of which are not free from difficulty.
¶3 There is error. This will be certified.
¶4 Per Curiam. Venire de novo.