HEARING, crim. law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accuser.

2. The magistrate¹ should examine with care all the witnesses for the prosecution², or so many of them as will satisfy his mind that there is sufficient ground to believe the prisoner guilty, and that the case ought to be examined in court and the prisoner ought to be tried. If, after the hearing of all such witnesses, the offence charged is not made out, or, if made out, the matter charged is not criminal, the magistrate is bound to discharge the prisoner.

3. When the magistrate cannot for want of time, or on account of the absence of a witness, close the hearing at one sitting, he may adjourn³ the case to -another day, and, in bailable⁵ offences, either take bail⁴ from the prisoner for his appearance on that day, or commit him for a further hearing. See Further hearing.

4. After a final hearing, unless the magistrate discharge the prisoner, it is his duty to take bail in bailable offences, and he is the sole judge of the amount of bail to be demanded this, however, must not be excessive. He is the sole judge, also, whether the offence be bailable or not. When the defendant⁶ can give the bail required, he must be discharged; when not, he must be committed to the county prison, to take his trial, or to be otherwise disposed of according, to law. See 1 Chit. Cr. Law, 72, ch. 2.

HEARSAY⁷ EVIDENCE. The evidence of those who relate, not what they know themselves, but what they have heard from others.

2. As a general rule, hearsay evidence of a fact is not admissible. If any fact is to be substantiated⁸ against a person, it ought to be proved in his presence by the testimony⁹ of a witness sworn or affirmed to speak the truth.

3. There are, however, exceptions to the rule. 1. Hearsay is admissible when it is introduced, not as a medium of proof in order to establish a distinct fact, but as being in itself a part of the transaction in question, when it is a part of the res gestae. 1 Phil. Ev. 218; 4 Wash. C. C. R. 729; 14 Serg. & Rawle, 275; 21 How. St. Tr. 535; 6 East, 193.

4. - 2. What a witness swore on a former trial, between the same parties, and where the same point was in issue as in the second action, and he is since dead, what he swore to is in general, evidence. 2 Show. 47; 11 John. R. 446; 2 Hen. & Munf. 193; 17 John. R. 176; But see 14 Mass. 234; 2 Russ. on Cr. 683, and the notes.

5. - 3. The dying declarations of a person who has received a mortal injury, as to the fact itself, and the party by whom it was committed, are good evidence under certain circumstances. Vide Declarations, and 15 John. R. 286; 1 Phil. Ev. 215; 2 Russ. on Cr. 683.

6. - 4. In questions concerning public rights, common reputation is admitted to be evidence.

7. - 5. The declarations of deceased persons in cases where they appear to have been made against their interest, have been admitted.

8. - 6. Declarations in cases of birth and pedigree are also to be received in evidence.

9. - 7. Boundaries may be proved by hearsay evidence, but, it seems, it must amount to common tradition or repute. 6 Litt. 7; 6 Pet. 341; Cooke, R142; 4 Dev. 342; 1 Hawks¹⁰ 45; 4 Hawks, 116; 4 Day, 265. See 3 Ham. 283; 3 Bouv. Inst. n. 3065, et seq. 10. There are perhaps a few more exceptions which will be found in the books referred to below. 2 Russ. on Cr. B. 6, c.3; Phil. Ev. ch. 7, s. 7; 1 Stark¹¹. Ev. 40; Rosc. Cr. Ev. 20; Rosc. Civ. Ev.19 to 24; Bac. Ab. Evidence, K; Dane's Ab. Index, h. t. Vide also, Dig. 39,3, 2, 8; Id. 22, 3, 28. see Gresl. Eq. Ev. pt. 2, c. 3, s. 3, p. 218, for the rules in courts of equity¹², as to receiving hearsay evidence 20 Am. Jur.68.