It is discretionary with the court in both civil and criminal cases
to allow leading questions on the direct examination. Green v.
Gould, 3 Allen, 465; Com. v. Thrasher, 11 Gray, 57; Moody v.
Rowell, 17 Pick. 490, 498.
The judge may himself ask leading questions of a witness. Com.
V. QaHavan, 9 Allen, 271.
Aeticle 129.*

QUESTIOlirs LAWFUL IN CEOSS-EXAMINATION.
When a witness is cross-examined, he may, in addition
to the questions hereinbefore referred to, be asked any ques-
tions which tend —

(1) To test his accuracy, veracity, or credibility; or

(2) To shake his credit, by injuring his character.
Provided that a person charged with a criminal offence

and being a witness under the Criminal Evidence Act,
1898, may be cross-examined to the effect, and under the
circumstances, described in Article 56.
Witnesses have been compelled to answer such questions,
though the matter suggested was irrelevant to the matter
in issue, and though the answer wasi disgraceful to the
witness ; but it is submitted that the Court has the right to
exercise a discretion in such cases, and to refuse to compel

* See Note XLVI.
Chap. XVI.] THE LAW OF EVIDENCE. 327

such questions to be answered when the truth of the matter
suggested would not in the opinion of the Court affect the
credibility of the witness as to the matter to which he is
required to testify.
In the case provided for in Article 120, a witness cannot
be compelled to answer such a question.
