We must grant that, with the exception of such cases, the phenomena are
significant during examinations, as when we show the accused a very
effective piece of evidence, (e.g.: a comparison of hand-writings which
is evidential,) and he closes his eyes. The act is then characteristic
and of importance, particularly when his words are intended to contest
the meaning of the object in question. The contradiction between the
movement of his eyes and his words is then suggestive enough. The same
occurs when the accused is shown the various possibilities that lie
before him--the movement of the examination, the correlations and
consequences. If he finds them dangerous, he closes his eyes. So with
witnesses also; when one of them, e.g., deposes to more, and more
harmfully, than according to our own notion he can explain, he will
close his eyes, though perhaps for an instant only, if the inevitable
consequences of his deposition are expounded to him. If he closes his
eyes he has probably said too much, and the proper moment must not be
missed to appeal to his conscience and to prevent more exaggerated and
irresponsible assertions.
This form of closing the eyes is not to be confused with the
performances of persons who want to understand the importance of their
depositions and to collect their senses, or who desire to review the
story mentally and consider its certainty. These two forms of closing
the eyes are different: the first, which wants to shut out the
consequences of testimony, is much shorter; the latter longer, because
it requires a good deal of time to collect one’s senses and to consider
a problem. The first, moreover, is accompanied by a perceivable
expression of fear, while the latter is manifest only by its duration;
what is most important is a characteristic contemporary and perceivable
defensive movement of the hand, and this occurs only in the cases where
the desire is to exclude. This movement occurs even among very
phlegmatic persons, and hence is comparatively reliable; it is not made
by people who want undisturbedly to study a question and to that end
shut their eyes.
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