People v. Carpenter
New York Supreme Court
The prisoner was indicted for subornation of perjury in procuring one Frederick A. Wood falsely to swear to an affidavit of the service upon the prisoner’s wife of a subpoena to appear and answer, in a suit in chancery commenced by the prisoner against her, for a divorce, on the ground of adultery; in order that he might obtain a decree against her by default.
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The prisoner was indicted for subornation of perjury in procuring one Frederick A. Wood falsely to swear to an affidavit of the service upon the prisoner’s wife of a subpoena to appear and answer, in a suit in chancery commenced by the prisoner against her, for a divorce, on the ground of adultery; in order that he might obtain a decree against her by default. On the trial, the counsel for the people called as a witness Mary S. Carpenter, who, it was admitted, was the wife of the prisoner. The counsel for the prisoner objected to her being sworn as a witness, on the ground that she was the…
1Opinion of the CourtBarculo, J.
The general rule is well settled that a wife can not be a witness against her husband. The exceptions to it are not so clearly defined. In some of the books it is stated, rather loosely, perhaps, that the exceptions “ are founded on evident necessity, where the fact is presumed to be exclusively within the knowledge of the wife.” (2 Stark. Ev. 713. 1 Phil. Ev. 169.) According to another author, “ where the offense is directly against the person of the wife, this rulé has been usu*581ally dispensed with.” (1 Bl. Com. 443.) Upon an examination of the cases, my conclusion is that she can be a…
2Cases cited1 opinion
- Inhabitants of North Yarmouth v. Inhabitants of CumberlandSupreme Judicial Court of Maine · 1829
3Cited by7 opinions
- Longendyke v. LongendykeNew York Supreme Court · 1863
- People v. QuanstromMichigan Supreme Court · 1892
- Gwynn v. Hamilton's Adm'rSupreme Court of Alabama · 1856
- People v. CarrollNew York Supreme Court · 1855
- People v. CrandonNew York Supreme Court · 1879
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