To establish the unanimity of such various data, or to find out whether
they have such unanimity, is not easy. The most comfortable procedure is
to compare the lesser testimonies with those of the most intelligent of
the witnesses. As a rule, anybody who has a subconscious perception of
the object will be glad to bring it out if he is helped by some form of
expression, but the danger of suggestion is here so great that this
assistance must be given only in the rarest of cases. The best thing is
to help the witness to his full evidence gradually, at the same time
taking care not to suggest oneself and thus to cause agreement of
several testimonies which were really different but only appeared to
look contradictory on account of the effect of subconscious perceptions.
The very best thing is to take the testimony as it comes, without
alteration, and later on, when there is a great deal of material and the
matter has grown clearer, to test the stuff carefully and to see whether
the less intelligent persons gave different testimonies through lack of
capacity in expression, or because they really had perceived different
things and had different things to say.
This is important when the witnesses examined are experts in the matter
in which they are examined. I am convinced that the belief that such
people must be the best witnesses, is false, at least as a
generalization. Benneke (loco cit.), has also made similar observations.
“The chemist who perceives a chemical process, the connoisseur a
picture, the musician a symphony, perceive them with more vigorous
attention than the layman, but the actual attention may be greater with
the latter.” For our own affair, it is enough to know that the judgment
of the expert will naturally be better than that of the layman; his
apprehension, however, is as a rule one-sided, not so far-reaching and
less uncolored. It is natural that every expert, especially when he
takes his work seriously, should find most interest in that side of an
event with which his profession deals. Oversight of legally important
matters is, therefore, almost inevitable. I remember how an eager young
doctor was once witness of an assault with intent to kill. He had seen
how in an inn the criminal had for some time threatened his victim with
a heavy porcelain match-tray. “The os parietale may here be broken,” the
doctor thought, and while he was thinking of the surgical consequences
of such a blow, the thing was done and the doctor had not seen how the
blow was delivered, whether a knife had been drawn by the victim, etc.
Similarly, during an examination concerning breaking open the drawer of
a table, the worst witness was the cabinet-maker. The latter was so much
interested in the foreign manner in which the portions of the drawer had
been cemented and in the curious wood, that he had nothing to say about
the legally important question of how the break was made, what the
impression of the damaging tool was, etc. Most of us have had such
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