In re McCraven

IValkeS, Chancellor.

The petitioner applies to take testimony de bene esse, on commission, of two witnesses residing ont of the state, under the . provision of the Evidence act. (Gen. Stat. p. 2217 § 36 et seq. There is no proof of the materiality of the witnesses named, as required by section 36, except, perhaps, as that may be gathered from'the interrogatories'propounded, which'are annexed to the form of commission. Some of the interrogatories are incompetent.

The absent witness, Mrs. McCraven, mother of the alleged idiot, is asked about her son, and, among others, this question: “How long…