Earsay Evidence

is the evidence of those who relate, not what they know themselves, but what they have heard from others. As a general rule hearsay evidence of a fact is not admissible. If any fact is to be substantiated against a person, it ought to be proved in his presence by the testimony of a witness sworn or affirmed to speak the truth. There are, however, exceptions to the rule.—1. Hearsay is admissible when it is introduced, not as a medium of proof in order to. establish a distinct fact, but as being in itself a part of the transaction in question, when it is a part of the res gestae. 1 Phil. Ev. 218; 4 Wash. C. C. R. 729; 14 Serg. & Rawle, 275; 21 How. St. Tr. 535; 6 East, 193.—2. What a witness swore on a former trial, between the game parties, and where the same swore to is, in general, evidence. 2 Show. 47; 11 John. R. 446; 2 Hen. & Mumf. 193; 17 John. R. 176. But see, 14 Mass. 234; 2 Russ. on Cr. 683, and the notes—3. The dying declarations of a person who has received a mortal injury, as to the fact itself, and the party by whom it was committed, are good evidence under certain circumstances. Vide Declarations, and 15 John. R. 286; 1 Phil. Ev. 215; 2 Russ. on Cr. 683.—4. In questions concerning public rights, common reputation is admitted to be evidence.—5. The declarations of deceased: persons in cases where they appear to have been made against their interest, have been admitted.—6. Declarations in cases of birth and pedigree are also to be received in evidence. There are perhaps e few more exceptions which will be found in the books referred to below. 2 Russ. on Cr. B. 6,c. 3; Phil. Ev. ch. 7, s. 7; 1 Stark. Ev. 40; Rose. Cr. Ev. 20; Rose. Civ. Ev. 19 to 24; 2 Bac. Ab. 662; Dane’s Ab. Index, h. t. Vide also, Dig. 39, 3, 2, 8; Ib. 22, 3, 28.