When will a witness be called to show his good reputation?

"New York", United States of America

The following excerpt is from Derrick v. Wallace, 112 N.E. 440, 217 N.Y. 520 (N.Y. 1916):

The main question, therefore, remains an open one in this state. Against the admissibility of the evidence it is urged that as a practical proposition the calling of witnesses to general good reputation must be limited to cases where witnesses are first called to impeach the general character of the witness; otherwise, the trial of the main issue would be obscured and delayed for the trial of collateral issues of character, which would distract the attention of the jury. Tedens v. Schumers, 112 Ill. 263, 267. But the instances when conviction of crime is followed by reform and re-established good character are not so numerous that the convenience of the courts will not permit the former convict to show his good reputation. Here the witness was called in the year 1913 and discredited by a conviction in the year 1896. Is he to be discredited for life rather than permitted to call witnesses to his present good character? Certainly not, unless for a better reason than the application of a rule of mere expediency.

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