In re Paul

(after stating the facts as above). Arbitrary rules fixing the competency of a witness “mentally incompetent” to testify do not obtain. Courts have been “keeping pace with the progress of science” and enlightened unfolding, and have relaxed the rigor of the rules, and now competency depends upon the understanding and moral sense — the degree of intelligence and understanding — of the witness. A lunatic is generally recognized as competent to testify, if he has sufficient mind to understand the nature and obligation of an oath, and give expression to the matters of which he knows or has seen…