Though witnesses are appealed to, it must not be imagined that cases are decided by their testimony as in England. Let a man be accused of theft, and though six witnesses declare that they saw him steal, the case may be as far from a settlement as if there had been no witness at all. The accused cries, “I did not steal, give me the poison (mwai) and it will prove my innocence”. If his friends think him innocent they support his demand, for an innocent man (they believe) will vomit the poison, and thus become entitled to receive a fine. But if they think him guilty they will rather not appeal to the poison, for a guilty man will die in great pain,[8] and his representatives must make full restitution. The accusers of course, insist that the goods should be given back at once. They do not wish to run the risk of the ordeal, for if the thief vomit, they must pay him a fine, besides losing their goods. All the natives believe that mwai is infallible, while they well know that the testimony of their countrymen is not so. Were a judge to attempt to decide a native case by ordinary evidence he would produce the strangest results. The prosecutor would come with hundreds of his friends prepared to swear to anything that was wanted. The defendant would come in like manner with all his friends ready to swear against everything said by the opposite party. Even though the alleged crime should be of the most secret character, none of these persons would hesitate to swear that he had been an eye-witness. To crown all, each man would attend the trial, “armed to the teeth”. But when cases are decided by the poisoned cup, the natives feel that an element of quiet solemnity is introduced. They see one of their fellow creatures brought face to face with death. Here we encounter the most deeply rooted faith that these tribes have. If they believe in anything, it is in this ordeal. I once asked Kumpama of Cherasulo, “What would you do if a man stole ivory and vomited the mwai, but was afterwards found selling the stolen ivory?” His reply was, “If the man stole the ivory he would not vomit the mwai, the mwai would kill him”. I have made similar suppositions to many natives, and though I carefully concealed my _petitio principii_, they at once pointed out that I was supposing cases that could never occur. 76. DISCOVERY AND GENERAL TREATMENT OF CRIME.