688 EVIDENCE—COMPETENCY OF WITNESSES. [ART. 36.

at his own request, but not otherwise, be deemed a competent,
witness; but the neglect or refusal of any such person to testify
shall not create any presumption against him. In all criminal
proceedings the husband or wife of the accused party shall be
competent to testify; but in no case, civil or criminal, shall any
husband or wife be competent to disclose any confidential com-
munication made by the one to the other during the marriage;
and in suits, actions, bills or other proceedings instituted in con-
sequence of adultery, or for the purpose of obtaining a divorce, or
for damages for breach of promise of marriage, no verdict shall
be permitted to be recovered, nor shall any judgment or decree be
entered upon the testimony of the plaintiff alone; but in all suck
cases testimony in corroboration of that of the plaintiff shall be
necessary.

Davis v. State, 38 Md 15. Turpin t. State, 55 Md. 475. Brashears v. State,
68 Md. 563.

P. G. L., (1860,) art. 37, sec. 4. 1864, ch. 109, sec. 4.

4. In all cases where a party to any suit, action or other pro-
ceeding shall be examined by any opposing party, the testimony
given on said examination may be rebutted by adverse testimony
and by proof of admissions made by the party so examined.

Neidig v. Whiteford, 29 Md. 178. Cooke v. Cooke, 29 Md. 538. Ward v.
Leitch, 30 Md, 326. Morris v. Hazlehurst, 30 Md. 362. Mason v. Poulsonr
43 Md. 161.

1864, ch. 109, sec. 5, sub-sec. 1.

5. In all cases it shall be competent for any of the parties to
the proceedings to prove by legal evidence any facts showing the
interest of any witness in the matter in controversy, or in the
event of the suit or the conviction of such witness of any in-
famous crime; and, in order to prove such conviction, it shall not
be necessary to produce the whole record of proceedings contain-
ing such conviction, but the certificate, under seal of the clerk of
the court wherein such proceedings were had, stating the fact of
the conviction, and for what crime, shall be sufficient

F. G. L., (1860,) art. 37, sec. 6. 1825, ch. 120. 1888, ch. 545.

6. In every suit or action at law or in equity in which it may
be necessary to prove the execution of any instrument of writing
whatsoever, attested by a subscribing witness or witnesses, it shall