Inhabitants of Raynham v. Inhabitants of Canton
Massachusetts Supreme Judicial Court
This was an action of assumpsit brought to recover a sum of money expended by the plaintiffs for the support of three paupers, namely, Elizabeth Wentworth and her two children. The cause was tried in the Court of Common Pleas, before Williams J., upon the general issue. The plaintiffs proved that one John Wentworth was an inhabitant of Canton, and contended that Elizabeth was his lawful wife; which was denied by the defendants.
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This was an action of assumpsit brought to recover a sum of money expended by the plaintiffs for the support of three paupers, namely, Elizabeth Wentworth and her two children. The cause was tried in the Court of Common Pleas, before Williams J., upon the general issue. The plaintiffs proved that one John Wentworth was an inhabitant of Canton, and contended that Elizabeth was his lawful wife; which was denied by the defendants. The plaintiffs exhibited a certificate, that the marriage was not recorded where it was alleged to have taken place, and then called the pauper to give evidence…
1Opinion of the Court
Parker C. J.
We think the testimony of the woman was properly received. It is admitted that according to the law of England it should be received, but it is contended tnat fornication being here a punishable offence, the law is different as to the competency of the guilty parties to testify. But this would make no other difference than that the woman called may refuse to answer. If she makes no objection, then her liability to punishment and desire to screen her reputation are things which affect her credibility only.1
The declarations of John Wentworth were rightly rejected, since he might…
2Cases cited6 opinions
- Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
- Strother v. LucasSupreme Court of the United States · 1832
- Ripple v. RippleSupreme Court of Pennsylvania · 1829
- Hill v. PackardCourt for the Trial of Impeachments and Correction of Errors · 1830
- Frith v. SpragueMassachusetts Supreme Judicial Court · 1817
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