Gardner v. Bartholomew
New York Supreme Court
THIS was an action for an assault and battery, tried at the Monroe circuit, before Hon. E. Darwin Smith, and a jury. Sarah Elannagan was examined as a witness on the part of the plaintiff.
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THIS was an action for an assault and battery, tried at the Monroe circuit, before Hon. E. Darwin Smith, and a jury. Sarah Elannagan was examined as a witness on the part of the plaintiff. For the purpose of impeaching her testimony, the defendant called Samuel W. D. Moore as a witness, who testified as follows : “ I know Mrs. Sarah Flannagan; I have been police magistrate of this city several years; I knew her reputation then several years ago; it was bad; from that reputation I would not believe her on her oath under certain circumstances; I knew Ariel Wentworth; he was police magistrate in…
1Opinion of the CourtJohnson, J.
It was decided in the case of Carpenter v Nixon, (5 Hill, 260,) that the record of the conviction of a witness of petit larceny, was admissible for the purpose of affecting the credit of such witness, and that the refusal to receive it for that purpose was error. In Newcomb v. Griswold, (24 N. Y. Rep. 298,) the competency of such evidence for that purpose is admitted, hut it is held that the fact of the conviction cannot be proved by parol, even by the witness himself upon cross-examination, but must be established by the higher evidence of the record. This is an exception to the general rule…
2Cases cited1 opinion
- Newcomb v. . GriswoldNew York Court of Appeals · 1862
3Cited by5 opinions
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- Markett v. GemkeNew York Supreme Court · 1915
- Sims v. SimsNew York Supreme Court · 1877