In his charge to the 'jury, His Honor said of one of the witnesses for the State :
“If her character is of ordinary respectability, you will take her testimony to be true, unless she is fully and thoroughly contradicted, &c.”
Although a witness was of more than ordinary respectability, yet the Court could not tell the jury that they must take her testimony as true, if it was in conflict with other witnesses or with circumstances. Mistake is as fatal to truth as corruption, and the purest may be mistaken. Nor does the qualification which nis Honor made, cure the error. He did not leave it to the jury to weigh her testimony with the testimony of other witnesses and circumstances, but they must believe her unless she wrs fully cmd thoroughly contradicted. Sisbse-*626quently in referring to the testimony of this same witness, His Honor said to the jury, “she testifies before the world, before these men, before you, it is for you to say how far she is to be believed.” It is insisted that this cures the original error because here he leaves the question of her credibility to the jury. On the other hand it is said that this aggravates the original error. That it is the same as if His Honor had said, See ! here is this woman who testifies before the world, and before the defendants, and before the jury, and how can you fail to believe her? And although the law forbids me to say so in so many words, yet you are very dull if you do not perceive that I think you ought to believe her.
We do not think it necessary to notice the other exceptions, • because they will probably not arise on another trial.
There is error.
Pfiii Cuiífajvl Yen-ire de nt>vr¡.