|Should a witness who
is unable to speak be permitted to testify if the only way the witness can
communicate is through another person, such as a medium, who claims to be
able to apprehend in some way the witness's answers to questions and to
translate them? If the medium is sworn to interpret the witness's answers
correctly, should the mute witness be allowed to testify? See People v.
Walker, 69 Cal. App. 475, 231 P. 572 (1924); I. Disraeli, Curiosities of
Literature, chapters on "Literary Impostures" and "Literary
Forgeries," cited in J. Maguire, J. Weinstein, J. Chadbourn & J.
Mansfield, Evidence 265 (1973). See also Hamisi s/o Salum v. R. (1951) 18
E.A.C.A. 217 (Kenya), discussed in P. Durand, Evidence for Magistrates 94