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Witness

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

n. In the primary sense of the word, a witness is a person who has knowledge of an event. As the most direct mode of acquiring knowledge of an event is by seeing it, "witness" has acquired the sense of a person who is present at and observes a transaction. Sweet See State v. Desforges, 47 La. Ann. 1167, 17 South. 811; In re Lo-see's Will, 13 Misc. Rep. 298, 34 N. Y. Supp. 1120; Bliss v. Shuman, 47 Me. 248. A witness is a person whose declaration under oath (or affirmation) is received as evidence for any purpose, whether such declaration be made on oral examination or by deposition or affidavit. Code Civ. Proc. Cal. § 1878; Gen. St. Minn. 1878, c. 73, § 6. One who is called upon to be present at a transaction, as a wedding, or the making of a will, that he may thereafter,' if necessary, testify to the transaction. In conveyancing. One who sees the execution of an instrument, and subscribes it, for the purpose of confirming its authenticity by his testimony.

Adverse witness. A witness whose mind discloses a bias hostile to the party examining him; not a witness whose evidence, being honestly given, is adverse to the case of the examinant. Brown; Greenough v. Eccles, 5 O. B. (N. S.) 801.

Attesting witness. See Attestation.

Competent witness. See Competent.

Credible witness. See CaEDlBLE.

Prosecuting witness. See that title.

Subscribing witness. See that title.

Swift witness. See that tide.

v. To subscribe one's name to a deed, will or other document, for the purpose of attesting its authenticity, and proving its execution, lf required, by bearing witness thereto.