DECLARATIONS, evidence. The statements made by the parties to a transaction,
in relation to the same.
2. These declarations when proved are received in evidence, for the
purpose of illustrating the peculiar character and circumstances of the
transaction. Declarations are admitted to be proved in a variety of cases.
3.-1. In cases of rape, the fact that the woman made declarations in
relation to it, soon after the assault took place, is evidence; but the
particulars of what she said cannot be heard. 2 Stark; N. P. C. 242; S. C. 3
E. C. L. R. 344. But it is to be observed that these declarations can be
used only to corroborate her testimony, and cannot be received as
independent evidence; where, therefore, the prosecutrix, died, these
declarations could not be received. 9 C. & P. 420; S. C. 38 Eng. C. L. R.
173; 9 C. & P. 471; S. C. 38 E. C. L. It. 188.
4.-2. When more than one person is concerned in the commission of a
crime, as in cases of riots, conspiracies, and the like, the declarations of
either of the parties, made while acting in the common design, are evidence
against the whole; but the declarations of one of the rioters or
conspirators, made after the accomplishment of their object, and when they
no longer acted together, are evidence only against the party making them. 2
Stark. Ev. 235 2 Russ. on Cr. 572 Rosc. Cr. Ev. 324; 1 Breese, Rep. 269.
5. In. civil cases the declarations of an agent, made while acting for
his principal, are admitted in evidence as explanatory of his acts; but his
confessions after he has ceased to, act, are not evidence. 4. S. R. 321.
6.-3. To prove a pedigree, the declarations of a deceased member of
the family are admissible. Vide Hearsay, and the cases there cited.
7.-4. The dying declarations of a man who has received a mortal
injury, as to the fact itself, and the party by whom it was committed, are
good evidence; but the party making them must be under a full consciousness
of approaching death. The declarations of a boy between ten and eleven years
of age, made under a consciousness of approaching death, were received in
evidence on the trial of a person for killing him, as being declarations in
articulo mortis. 9 C. & P. 395; S. C. 38 E. C. L. R. 168. Evidence of such
declarations is admissible only when the death of the deceased is the
subject of the charge, and the circumstances of the death the subject of the
dying declarations. 2 B. & C. 605; S. C. 9 E. C. L. R. 196; 2 B. & C. 608;
S. C. 9 E. C. L. R. 198; 1 John. Rep. 159; 15 John. R. 286; 7 John. R. 95
But see contra, 2 Car. Law Repos. 102. Vide Death bed, or Dying
declarations. 3 Bouv. Inst. n. 3071.