1090 EVIDENCE. [ART. 35

ker, 31 Md. 1. Schull v. Murray, 32 Md. 9. Johnson v. Heald, 33 Md 352.
Friend v. Hamill, 34 Md. 298 Foley v. Bitter, 34 Md. 646. MeAleer v.
Horsey, 35 Md 439. Downs v Md. & Del. R R. Co., 37 Md. 100 Davis v.
State, 38 Md. 15. Semmes v Worthington, 38 Md. 298. Estep v Morris,
36 Md. 417. Harris v. Pue, 39 Md 535. Horner v. Jaecksch, 39 Md 585,
Mason v. Poulson, 40 Md. 355. Brinkley v. Platt, 40 Md. 529. Sanborn v.
Lang, 41 Md. 107. Armitage v. Snowden, 41 Md. 119. Wright v. Gilbert,
51 Md. 155. Hardy v. Chesapeake Bank, 51 Md. 562. Bantz v. Bantz, 52
Md. 686. Turpin v. State, 55 Md 475. Kerby B Kerby, 57 Md 346 Clas-
sen v. Classen, 57 Md 511. Swartz v. Chickering, 58 Md. 290. Crane v.
Barkdoll, 59 Md. 537. Horner v. Frazier, 65 Md 10 Neale v. Hermanns,
65 Md. 478. South Balto. Co. v. Muhlbach, 69 Md. 401. Whitridge v.
Whitndge, 76 Md. 76.

1896, ch. 249

2: No person engaged in, connected with or employed on a
newspaper or journal shall be compelled to disclose, in any
legal proceeding or trial or before any committee of the leg-
islature or elsewhere, the source of any news or information,
procured or obtained by him for and published in the news-
paper on and in which he is engaged, connected with or
employed.

1888, art. 35, sec. 2. 1860, art. 37, sec. 2. 1864, ch. 109, sec. 2. 1868, ch. 116.
1876, ch. 222. 1888, ch. 315. 1902, ch. 495. 1904, ch. 661.

3. In actions or proceedings by or against executors, admin-
istrators, heirs, devisees, legatees or distributees of a decedent
as such, in which judgments or decrees may be rendered for
or against them, and in proceedings by or against persons
incompetent to testify by reason of mental disability, no party
to the cause shall be allowed to testify as to any transaction
had with, or statement made by the testator, intestate, ancestor
or party so incompetent to testify, either personally or through
an agent since dead, lunatic or insane, unless called to testify
by the opposite party, or unless the testimony of such testator,
intestate, ancestor or party incompetent to testify shall have
already given in evidence, concerning the same transaction or
statement, in the same cause, on his or her own behalf or on
behalf of his or her representative in interest; nor shall it be
competent, in any case, for any party to the cause who has
been examined therein as a witness, to corroborate his testi-
mony when impeached by proof of his own declaration or
statement made to third persons out of the presence and hear-
ing of the adverse party; provided, however, this section