“In judicial procedure a witness is one who is duly called upon to testify under oath as to matters within his knowledge. By rules of procedure some persons are disqualified from testifying on account of want of mental capacity as, for instance, idiots, insane persons, and infants who have not attained the age of discretion. Others who are qualified to testify may be of such character that their testimony is not entitled to the weight which should be given to some other witness. Furthermore, a witness may be so related to the subject matter or to the parties as that in the particular case his testimony should not be received, or should be received under limitations as to its credibility and weight. And finally the competency of testimony offered is regulated by rules of evidence fixed by law.”
“Under constitutional guaranties of religious freedom, the religious belief of a witness cannot be made a ground for his disqualification to testify.”
“As to criminal prosecution, it is usually provided in state constitutions as it is in the Fifth and Sixth Amendments to the Federal Constitution that the accused shall not be compelled to be a witness against himself and that he has a right to be confronted with the witnesses against him and to have compulsory process for obtaining witnesses in his favor. These are privileges which the accused may waive.”—Emlin McClain, quoted in Cyclopedia of American Government, Vol. III, p. 693.
“Compulsory process is the means of compelling a witness to appear before the court at the time of trial and, under oath, tell what he knows about the matter under consideration.”—Bouvier's Law Dictionary, Vol. II, p. 766.
A subpoena is an order issued in a court and given to a sheriff or other executive officer, to be served upon or read to a witness, compelling him to appear before the court at the time stated. He must lay aside all pretenses and excuses, and appear before the court or the magistrate at the time and place named in the subpoena, under a penalty therein cited for failure to appear. His failure to obey the order of the court, or subpoena, is known as contempt. Contempt is punishable in Federal courts, and in most States by the order of the judge, and is not subject to jury trial. (Oklahoma is an exception.)
“At common law a prisoner was not allowed counsel. In England this right was not granted in all cases before 1836.”—Cyclopedia of American Government, Vol. I, p. 487.
The United States was the earliest of nations to not only permit every person accused of crime and tried before a court to have counsel, but to furnish counsel for every person who was not himself able to get counsel or able to pay for counsel.
Constitution of the United States, Amendment VII.
“Common Law is that system of law or form of the science of jurisprudence which has prevailed in England and in the United States, in contradistinction from other great systems, such as Roman or civil law.”—Bouvier's Law Dictionary, Vol. I, p. 370.
“Common law is used to distinguish the body of rules and of remedies administered by courts of law, technically so called, in contradistinction to those of equity administered by courts of chancery, and to the canon law, administered by ecclesiastical courts.”—Bouvier's Law Dictionary, Vol. I, p. 370.