Declaration, DYING.

Declaration, DYING. The rule that secondary or hearsay evidence is inadmissible suffers an exception, both in England and Scotland, in the case of a declaration made by a person convinced of his impending death, and who does not survive the trial of the accused. In cases of murder, the dying declaration of the victim as to the circumstances of the crime is always admitted as evidence on the trial of the prisoner, provided that it was deliberately emitted while the deceased was in possession of his faculties, and that it is proved by credible witnesses. In Scotland, the dying declaration of a witness is admissible even though he is not himself conscious of the danger of death, and in the United States a declaration is frequently admitted, both in civil and in criminal cases, as primary evidence, without regard to the immediate apprehensions of death. In the same country, declarations are also admitted as secondary evidence under circumstances in which the declarant is either actually or presumed to be dead. The principle under which the dying declaration is admitted is that the awful situation of the dying person is as powerful over his conscience as the obligation of an oath, and does away with all motive to disguise the truth. Accordingly the person against whom a dying declaration is put in evidence may be allowed to show that the deceased was not of such a character as to feel the religious obligation of his situation. A dying declaration may be adduced for as well as against a person accused of crime; and there are cases on record in which persons charged with murder have been successfully exculpated by this kind of evidence.