The training of the witness into a _capacity_ for truth-telling must be
based, (1) on the judge’s knowledge of all the conditions that affect,
negatively, correct observations and reproductions; (2) on his making
clear to himself whether and which conditions are operative in the case
in question; and (3) on his aiming to eliminate this negative influence
from the witness. The last is in many cases difficult, but not
impossible. That mistakes have been made is generally soon noted, but
then, “being called and being chosen” are two things; and similarly, the
discovery of _what_ is correct and the substitution of the essential
observations for the opinionative ones, is always the most difficult of
the judge’s tasks.
When the witness is both unwilling to tell the truth and unable to do
so, the business of training may be approached from a few common
view-points. Patience with the witness is perhaps the most important key
to success. No doubt it is difficult to be patient where there is no
time; and what with our contemporary over-tasking, there is no time. But
that must be altered. Justice must have strength to keep everybody’s
labor proportional to his task. A nation whose representatives do not
grant money enough for this purpose must not expect satisfactory law
courts--“no checkee no washee;” no money no justice. People who have
time will acquire patience.
Patience is necessary above all while taking evidence. A great many
witnesses are accustomed to say much and redundantly, and again, most
criminal justices are accustomed to try to shut them off and to require
brief statements. That is silly. If the witness is wandering on purpose,
as many a prisoner does for definite reasons of his own, he will spread
himself still more as he recognizes that his examiner does not like it.
To be disagreeable is his purpose. He is never led by impatience beyond
his introduction, and some piece of evidence is lost because almost
every accused who speaks unintelligibly on purpose, says too much in
the course of his speech and brings things to light that no effort might
otherwise have attained to. Besides, whoever is making a purposely
long-winded testimony does not want to say anything superfluous, and if
he actually does so, is unaware of it. And even when he knows that he is
talking too much (most of the time he knows it from the impatient looks
of his auditors), he never can tell just what exceeded the measure. If,
then, he is asked to cut it short, he remains unmoved, or at most begins
again at the beginning, or, if he actually condescends, he omits things
of importance, perhaps even of the utmost importance. Nor must it be
forgotten that at least a large proportion of such people who are
brought to court have prepared their story or probably blocked it out in
the rough. If they are not permitted to follow their plans, they get
confused, and nothing coherent or half-coherent is discovered. And
Public-domain text, read in full here on John Shaqi.
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