§ 1842. A question, which suggests to the witness the answer which the examining party desires, is denomi nated a leading or suggestive question. On a direct examination, leading questions are not allowed, except in the sound discretion of the court, under special circumstances, making it appear that the interests of justice require it.

§ 1843. A witness is allowed to refresh his memory, respecting a fact, by anything written by himself, or under his direction, at the time when the fact occured or immediately thereafter, or at any other time when the fact was fresh in his memory, and he knew that the same was correctly stated in the writing. But in such case the writing must be produced, and may be seen by the adverse party, who may, if he choose, crossexamine the witness upon it, and may read it to the jury. So also a witness may testify from such a writing, though he retain no recollection of the particular facts; but such evidence must be received with caution.

§ 1844. The opposite party may cross-examine the witness, as to any facts stated in his direct examination, or connected therewith, and in so doing, may put leading questions, but if he examine him, as to other matters, such examination is to be subject to the same rules as a direct examination.

§ 1845. The party producing a witness, is not allow. ed to impeach his credit by evidence of bad character, but he may contradict him by other evidence, and may also show that he has made at other times, statements inconsistent with his present testimony, as provided

in section 1848.

§ 1846. A witness once examined, cannot be re-examined as to the same matter, without leave of the court, But he may be re-examined as to any new matter, upon which he has been examined by the adverse party. And after the examinations on both sides are once concluded, the witness cannot be recalled without leave of the court. Leave is granted or withheld, in the exercise of a sound discretion.

§ 1847. A witness may be impeached by the party against whom he was called, by contradictory evidence, or by evidence that his general reputation for truth is bad, or that his moral character is such as to render him unworthy of belief, but not by evidence of particular wrongful acts; except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of a felony.

§ 1848. A witness may also be impeached, by evidence that he has made, at other times, statements inconsistent with his present testimony; but before this can be done, the statements must be related to him,

with the circumstances of times, places and persons present; and he must be asked whether he has made such statements, and if so, allowed to explain them. If the statements be in writing, they must be shown to the witness, before any question is put to him concerning them.

§ 1849. Evidence of the good character of a party, is not admissible in a civil action, nor of a witness in any action, until the character of such party or witness has been impeached, or unless the issue involve his character.

§ 1850. Whenever a writing is shown to a witness it may be inspected by the opposite party, and if proved by the witness, must be read to the jury before his testimony is closed, or it cannot be read, except on recalling the witness.

§ 1851 The judge himself, or any juror, may be called as a witness by either party; but in such case. it is in the discretion of the court or judge, to order the trial to be postponed or suspended, and to take place before another judge or jury.

TITLE IV.

OF THE EFFECT OF EVIDENCE.

§ 1852. The jury, subject to the control of the court, in the cases specified in this code, are the judges of the effect or value of evidence addressed to them, except when it is hereby declared to be conclusive. They

are however to be instructed by the court, on all proper

occasions;

1. That their power of judging of the effect of evidence is not arbitrary, but to be exercised with legal discretion, and in subordination to the rules of evidence;

2. That they are not bound to decide in conformity with the declarations of any number of witnesses, which do not produce conviction in their minds, against a less number, or against a presumption or other evidence satisfying their minds;

3. That a witness, false in one part of his testimony, is to be distrusted in others;

4. That the testimony of an accomplice ought to be viewed with distrust, and the oral admissions of a party with caution:

5. That in civil cases the affirmative of the issue must be proved, and when the evidence is contradictory, the decision must be made according to the preponderance of evidence; that in criminal cases, guilt must be established beyond reasonable doubt;

6. That evidence is to be estimated, not only by its own intrinsic weight, but also according to the evidence which it is in the power of one side to produce, and of the other to contradict, and therefore,

7. That if weaker and less satisfactory evidence is offered, when it appears that stronger and more satisfactory was within the power of the party, the evidence offered should be viewed with distrust.

TITLE V.

OF THE RIGHTS AND DUTIES OF WITNESSES.

SECTION 1853. Witnesses bound to attend when subpoenaed.

1854. Witnesses bound to answer questions.

1855. Right of witnesses to protection.

1856. Witnesses protected from arrest when attending or going or returning.

1857. To make affidavit if arrested.

1858. Court to discharge witness from arrest.

§ 1853. It is the duty of a witness, duly served with a subpoena, to attend at the time appointed, with any papers under his control required by the subpoena, to answer all pertinent and legal questions, and, unless sooner discharged, to remain till the testimony is closed.

§ 1854. A witness must answer questions legal and pertinent to the matter in issue, though his answer may establish a claim against himself. But he need not give an answer, which will have a tendency to subject him to punishment for a felony. Nor need he give an answer, which will have a direct tendency to degrade

his character, unless it be to the

very fact in issue, or

to a fact from which the fact in issue would be presumed. But a witness must answer as to the fact of

his previous conviction for felony.

§ 1855. It is the right of a witness to be protected from irrelevant, insulting or improper questions, and from harsh or insulting demeanor; to be detained only so long as the interests of justice require it; to be examined only as to matters legal and pertinent to the issue.