Show TUB tin territorial S a broms proms court has rendered its decision in the barnard white ease relative irn i to the question of a legal cifes competency as aa a wit ness judge powers delivered the opinion which was concurred in ill by his bis two associates zane and bore man mac the opinion says saya tha court was clearly ia in error in ruling that the witness should testify calcify cali fy the tb not having been the law ful fal wife ile of 0 the defendant at the time of the alleged kofl kozise ut of cobabe Station therB was no crimo committed against bur bar which might possibly al the point male her a competent witness under alif fe reacel at what time tima the relationship of husband huBba ail and wife commences the pleat exclusion applies to atit it fall all extent whenever the interests ol of either are directly concer nedI green leaf beatt ev 8 when ono one mar ried n ed a wit witness already subpoenaed by 11 Ls opponent to testify in the ap ft trial was excluded ve fedley a i ty v Wel wellopey Welle loseY aey 3 C end bad p sea boo state 7 armstrong 4 abon it is ia argued that it is is contrary taj t public policy to permit bermi t parties to defeat the finds of Jo justice tice by entering into tho aba marriage relation for the sole dole purpose pur or p toti ee aasin us in this ewe case ot of suppress eup sup press preas bilg n testimony tei but bat when the mar ris ringe go c was preformed no matter what the ibe motive was the wit became beyond ill all question the lawful wife of 0 the iha defendant nod in thi thin abhi iba could not daify against III hia ob objection rt judgment 0 of the court below is reversed nod and a now trial ordered |