to admit the evidence of those who are under sentence of death, because they are dead in law; and how irrational to exclude persons branded with infamy: for in all these cases they ought to be credited, when they have no interest in giving false testimony.
The credibility of a witness, then, should only diminish in proportion to the hatred, friendship, or connexions, subsisting between him and the delinquent. One witness is not sufficient; for whilst the accused denies what the other affirms, truth remains suspended, and the right that every one has to be believed innocent, turns the balance in his favour.
The credibility of a witness is the less, as the atrociousness of the crime is greater, from the improbability of its having been committed; as in cases of witchcraft, and acts of wanton cruelty. The writers on penal laws have adopted a contrary principle, viz. that the credibility of a witness is greater, as the crime is more atrocious.
