896

LAWS OF MARYLAND.

3. In the trial of all indictments, complaints
and other proceedings against persons charged
with the commission of crimes and offences,
and in all proceedings in the nature of criminal
proceedings in any court of this state, and be-
fore a justice of the peace or other officer acting

May testify.

judicially, the person so charged shall 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
communication made by the one to the other
during the marriage ; and in suits, actions, bills
or other proceedings instituted in consequence
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 such cases testimony in cor-
roboration of that of the plaintiff shall be
necessary.
7. In every suit or action at law or in equity

Not to apply.

in which it may be necessary to prove the exe-
cution of any instrument of writing whatsoever,
attested by a subscribing witness or witnesses,
it shall be lawful to prove the execution of such
instrument of writing in the same manner and
by the same evidence that the same might be
proved by if not attested by a subscribing wit-
ness ; but this shall not apply to the proof of
the execution of any last will and testament.
Comparison of a disputed writing with any
writing proved to the satisfaction of the court
to be genuine shall be permitted to be made by
witnesses, and such writings, and the evidence
of witnesses respecting the same, may be sub-
mitted to the court and jury, or the court, as
the case may be, as evidence of the genuine-

Proviso.

ness or otherwise of the writing in dispute ;
provided, however, that so much of this section
as relates to proof of comparison of writings
shall not apply to any case now pending in any
of the courts of this state.