Perkins v. Edwards

Nichols, Justice.

The trial court permitted the testimony of one of the attesting witnessing given at the hearing in the court of ordinary to be read to the jury over objection that the witness was not shown to be "inaccessible” throughout the entire trial.

A physician testified that on the morning the trial began the witness was suffering from pharyngitis in her inner ear, an infection which resulted in a very slight hoarseness, sore throat, and nausea and vomiting, that it would be detrimental to her health for her to appear in court that day and that she was not physically able to do so. On…