hearsay

One of the exceptions to the rule excluding it is that which permits the reception, under certain circumstances and for limited purposes, of declarations of third parties, made contrary to their own interest; but it is almost universally held that this must be an interest of a pecuniary character; and the fact that the declaration alleged to have been thus extrajudicially made would probably subject the declarant to a criminal liability is held not to be sufficient to constitute it an exception to the rule against hearsay evidence.

A term applied to that spe Called, also, “butt.” cies of testimony given by a witness who re-

What is heard as rumored; testimony not a matter of personal knowledge with the witness. That kind of evidence which does not derive its value solely from the credit to be given to the witness himself, but rests also, in part, on the veracity and competency of some other person.'

In the largest sense, interchangeable with 'nonoriginal evidence. This is generally inadmissible, because of the depreciation of truth from passage through fallible media; because of non-disorlmination by jmies between primary and secondary evidence; and because it is irresponsible in its first exhibition. < Because it wants the sanction of an oath, and affords no opportunity for cross-examination, is excluded.^ Supposes that better testimony may be had; is intrinsically too weak to satisfy the mind; under its ^ color fraud might be practiced.' Admissible m the following cases: 1. As to a witneas — what was said in a former trial by a person now dead, out of the jurisdiction, subsequently incompetent. Insane, or sick.' 2. As to depositions in perpetuam. But the testimony must be ephemeral; taken conformably to the rules of evidence; be deposited in court; and the cause be not delayed.* 3. As to matters of general interest, and ancient possession. But the witnesses must be disinterested. Includes declarations of deceased persons as to boundaries.^ Ancient documents, in proper custody, prove ancient possessions.^' ' Akerly v. Vilas, 24 Wis. J71 (1869), Paine, J.; Jones V. Foster, 61 id. 29 (1884); Galpin v. Critchlow, 112 Mass. 343 (1873). = [3 Bl. Com. 453. »1 Greenl. Ev. § 99: [1 PhUI. Ev. 169. * 1 Whart. Ev. §§ 170-^75, cases. ' 1 Sreenl. Ev. §§ 168, 98, 124. •Mima Queen v. Hepburn, 7 Cranoh, 295 (1813), Marshall, C. J.; Hopt v. Utah, 110 U. S. 681 (1884); 1 Wheat. 8; 8 Wall. 409. '1 Whart. Ev. §§ 177-80, oases. " 1 Whart. Ev. §§ 181-84, cases. » See aement v. Packer, 125 U. S. 321 (1888), oases. 4. A.ato pedigree emd relationship: birth, marriage, and death. Common family tradition is receivable; also, statements of deceased relatives made before a dispute arose; also, family records, epitaphs, armorial bearings, and the like." See Pedigree. 5. As to declarations against interest by deceased persons. This means against pecuniary or proprietary Interest; not as to incidental matters, and although better evidence may be had. But must be brought home to an Imputed declarant. ^ 6. As to business entries. By a deceased or absent partner or clerk, and made in the regular coui-se of business, admitted. So of notes by surveyor, counsel, bank messenger, notaries, and others. But the entry must have been made contemporaneously with the transaction, confined to the matter It was the person's duty to record, and, In its nature, original." See further Entry, n, 1. 7. As to general reputation when material.* See Character; Reputation. 8. To refresh memory, as to extrinsic incidents of testimony; as, dates, places, etc.' See Refresh. 9. As to res gestm. Includes declarations coincident with business acts, and torts; not. If the acts are in themselves inadmissible, or there exists opportunity for concoction.' See Res, Gestae. 10. As to declarations concerning a party's own health and state of mind. These chiefly regard statements as to injuries and motives.' See furtjier Declaration, 2; Evidence; Histories.