2.
There are three classes of cases on which the moral character and
conduct of a person in society may be used in proof before a jury, each
resting upon particular and distinct grounds. Such evidence is
admissible, 1st. To afford a presumption that a particular party has not
been guilty of a criminal act. 2d. To affect the damages in particular
cases, where their amount depends on the character and conduct of any
individual; and, 3d. To impeach or confirm the veracity of a witness.
3.
- 1. Where the guilt of an accused party is doubtful, and the character
of the supposed agent is involved in the question, a presumption of
innocence arises from his former conduct in society, as evidenced by his
general character, since it is not probable that a person of known
probity and humanity, would commit a dislionest or outrageous act in the
particular instance. Such presumptions, however, are so remote from
fact, and it is frequently so difficult to estimate a person's real
character, that they20are entitled to little-weight, except in doubtful
cases. Since the law considers a presumption of this nature to be
admissible, it is in principle admissible 'Whenever a reasonable
presumption arises from it, as to the fact in question; in practice it
is admitted whenever the character of the party is involved in the
issue. See 2 St. Tr. 1038 1 Coxes Rep. 424; 5 Serg. & R. 352 3 Bibb,
R. 195; 2 Bibb, R. 286; 5 Day, R. 260; 5 Esp. C. 13; 3 Camp. C. 519; 1
Camp. C. 460; Str. R. 925. Tha. Cr. Cas. 230; 5 Port. 382.
4.
- 2. In some instances evidence in disparagement of character is
admissible, not in order to prove or disprove the commission of a
particular fact, but with a view to damages. In actions for criminal
conversation with the plaintiff's wife, evidence may be given of the
wife's general bad character, for want of chastity, and even of
particular acts of adultery committed by her, previous to her
intercourse with the defendant. B. N. P. 27, 296; 12 Mod. 232; 3 Esp. C.
236. See 5 Munf. 10. In actions for slander and libel, when the
defendant has not justified, evidence of the plaintiff's bad character
has also been admitted. 3 Camp. C. 251; 1 M. & S. 284; 2 Esp. C.
720; 2 Nott & M'Cord, 511; 1 Nott & M'Cord, 268; and see 11
Johns. R. 38; 1 Root, R. 449; 1 Johns. R. 46; 6 Penna. St. Rep. 170. The
ground of admitting such evidence is, that a person of disparaged fame
is not entitled to the same measure of damages with one whose character
is uublemished. When, however, the defendant justifies the slander, it
seems to be doubtful whether the evidence of reports as to the conduct
and character of the plaintiff can be received. See 1 M. & S. 286, n
(a) 3 Mass. R. 553 1 Pick. R. 19. When evidence is admitted touching
the general character of a party, it is manifest that it is to be
confined to matters in reference to the nature of the, charge against
him. 2 Wend. 352.
5.
- 3. The party against whom a witness is called, may disprove the
fact& stated by him, or may examine other witnesses as to his
general character; but they will not be allowed to speak of particular
facts or parts of his conduct. B. N. P. 296. For example, evidence of
the general character of a prosecutrix for a rape, may be given, as that
she was a street walker; but evidence of specific acts of criminality
cannot be admitted. 3 Carr. & P. 589. The regular mode is to inquire
whether the witness under examination has the means of knowing the
former witness general character, and whether from such knowledge he
would believe, him on his oath. 4 St. Tr. 693; 4 Esp. C. 102. In answer
to such evidence against character, the other party may cross-examine
the witness as to his means of knowledge, and the grounds of his
opinion; or he may attack such witness general character, and by fresh
evidence support the character of his own. 2 Stark. C. 151; Id. 241; St.
Ev. pt. 4, 1753 to 1758; 1 Phil. Ev. 229. A party cannot give evidence
to confirm the good character of a witness, unless his general character
has been impugned by his antagonist. 9 Watts, R. 124. See, in general,
as to character, Phil. Ev. Index, tit. Character; Stark. Ev. pl. 4, 364
Swift's Ev. 140 to 144 5 Ohio R. 227; Greenl. Ev. 54; 3 Hill, R. 178
Bouv. Inst. Index, h. t.
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