Generally he hasn’t such knowledge, or has not made any particular use
of it.
In the same way too much attention and interest are often presupposed,
only to lead later to the astonishing discovery of how little attention
men really pay to their own affairs. Still less, therefore, ought
knowledge in less personal things be presupposed, for in the matter of
real understanding, the ignorance of men far exceeds all
presuppositions. Most people know the looks of all sorts of things, and
think they know their essences, and when questioned, invariably assert
it, quite in good faith. But if you depend on such knowledge bad
results arise that are all the more dangerous because there is rarely
later opportunity to recognize their badness.
As often as any new matter is discussed with a witness, it is necessary,
before all, to find out his general knowledge of it, what he considers
it to be, and what ideas he connects with it. If you judge that he knows
nothing about it and appraise his questions and conclusions accordingly,
you will at least not go wrong in the matter, and all in all attain your
end most swiftly.
At the same time it is necessary to proceed as slowly as possible. It is
Carus[54] who points out that a scholar ought not to be shown any object
unless he can not discover it or its like for himself. Each power must
have developed before it can be used. Difficult as this procedure
generally is, it is necessary in the teaching of children, and is there
successful. It is a form of education by examples. The child is taught
to assimilate to its past experience the new fact, e.g.: in a comparison
of some keen suffering of the child with that it made an animal suffer.
Such parallels rarely fail, whether in the education of children or of
witnesses. The lengthy description of an event in which, e.g., somebody
is manhandled, may become quite different if the witness is brought to
recall his own experience. At first he speaks of the event as perhaps a
“splendid joke,” but as soon as he is brought to speak of a similar
situation of his own, and the two stories are set side by side, his
description alters. This exemplification may be varied in many
directions and is always useful. It is applicable even to accused,
inasmuch as the performer himself begins to understand his deed, when it
can be attached to his fully familiar inner life.
The greatest skill in this matter may be exercised in the case of the
jury. Connect the present new facts with similar ones they already know
and so make the matter intelligible to them. The difficulty here, is
again the fact that the jury is composed of strangers and twelve in
number. Finding instances familiar to them all and familiar in such wise
that they may easily link them with the case under consideration, is a
rare event. If it does happen the success is both significant and happy.
Public-domain text, read in full here on John Shaqi.
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