The second direction in which the criminal justice must maintain
silence looks toward witnesses and accused. If, in the first instance,
the cause of too much communicativeness was an over-proneness to talk;
its cause in this case is a certain conceit that teases one into
talking. Whether the justice wants to show the accused how much he
already knows or how correctly he has drawn his conclusions; whether he
wishes to impress the witness by his confidences, he may do equally as
much harm in one case as in the other. Any success is made especially
impossible if the judge has been in too much of a hurry and tried to
show himself fully informed at the very beginning, but has brought out
instead some error. The accused naturally leaves him with his false
suppositions, they suggest things to the witness--and what follows may
be easily considered. Correct procedure in such circumstances is
difficult. Never to reveal what is already known, is to deprive oneself
of one of the most important means of examination; use of it therefore
ought not to be belated. But it is much worse to be premature or
garrulous. In my own experience, I have never been sorry for keeping
silence, especially if I had already said something. The only rule in
the matter is comparatively self-evident. Never move toward any
incorrectness and never present the appearance of knowing more than you
actually do. Setting aside the dishonesty of such a procedure, the
danger of a painful exposure in such matters is great.
Public-domain text, read in full here on John Shaqi.
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