
    Lessee of Charles Pollack against Rebecca Gillespie and Richard Mayhew.
    A witness is competent, tho’ another swear he heard him confess he might be a loser, by the event of the suit.
    Ejectment for 322 acres and 36 perches in Chillesquaque township.
    In the course of the trial, Robert M’Neil was offered as a wdtness on the part of the plaintiff.
    The defendants excepted to him on the ground of interest, and produced James Morrow, who swore that M’Neil in conversation with him about seven years before, declared he would be a great loser if the plaintiff miscarried in this action.
    The court at first were inclined to think that this was an objection to the competency of M’Neil prima fade, but that it might be repelled by other proof; yet on more full consideration they directed him to be sworn. Where one has an interest in another’s testimony, the witness shall not be allowed to deprive him of it by loose declaration, not even by laying a wager on tbe event of the case. 1 Stra. 652. Comb. 340. 3 Lev. 153 Holt. 754. A person that can answer truly the voir dire is a competent witness, and he need not stand indifferent as a juror should. Hardw. Cas. 359. 2 Bac. Abr. 289. It is true, the adverse party may establish his interest, without recurring to his own oath; 10 Mod. 193. 12 Ven. 260 ; but this ought to be by proof of actual interest, not by confessions, without other evidence. Ifhoweverit should appear that the witness is interested, (1 Term. Rep. 719,) during the course , of the trial, it will not be too late then to take the exception by the modern practice. The objection now made must be restrained to the credit of the witness.
    M’Neil was examined accordingly, and denied all kind of interest in the cause.
    Messrs. Duncan, 'Walker and Hall,y>ro qu&r.
    
    Messrs. Clymer, 0. Smith and D. Smith, fro def.
    
    
      
      
         A witness is competent, though another swears he heard him confess, he was to gain by the event oí lire suit. 2 Barnard. B. R. lYS.
    
   Yerdict for the defendant.  