Create

See Charter, 3. CRiEDIBLE.'' 1.

Worthy of belief; deserving of confidence.

See Credit, 1. 3.

Entitled to be heard as a witness; competent. Competent to give evidence, and worthy of belief. The English statute as to the execution of wills prior to 1838 required witnesses to be " credible." This was held to mean such persons as were not disqualified from giving testimony by imbecility, interest, or crime.* This rule has been followed in Connecticut, Kentucky, Massachusetts, Mississippi, South Carolina, and several other States.* As used in a statute requiring that a will disposing of realty shall be attested by credible witnesses, is equivalent to competent; not as meaning, in the loose popular sense, a person of good moral character and reputation in fact, and personally worthy of belief, but a person entitled to be examined in a court of justice, though subject to have his actual credit weighed and considered by the court or jury; and to be examined upon the question whether the will was duly executed, and by a person of disposing mind.^ Credibility. Being entitled to be believed; w^orthiness of belief. In deciding upon the credibility of a witness it is usual to inqiure whether he is capable of knowing a 1 King 1).

Cook, 1 Leach, Cr. C. 123 (1774); 2 East, P. O. 616. ^ Carruth v. Grassie, 11 Gray, 211 (1858); Pomeroy o.

Trimper, 8 Allen, 400 (1864). ' » Walker v. Chicago Tribune Co., 39 F. E. 827 (1887), Blodgett, J. < L. credere, to believe, trust; also, to lend. • 1 Jarman, Wills, 124. » Fuller V. Fuller, 83 Ky. 350 (1885), cases, ' [Haven v. HUliard, 23 Pick. 18 (1839), Shaw, C. J.; Amory v. Fellows, 6 Mass. *228 (1809), Parsons, 0. J.; t'ling, and the particular thing, thoroughly; whether he was actually present; what attention he gave to the occurrence; and whether he honestly relates the affair as he remembers it.' Credibility depends upon veracity and capacity to observe." Literal comcidence of oral statements may affordground for suspicion.s Affirmative testimony is the strongest.* When the credit due to witnesses is equal, preponderance is to be given to number." Credibility is forthe Jury." See further Chakacteb; Competency; Impeach, 8; Witness.