In dealing with less intelligent people, with whom this construction
cannot be performed, one must be satisfied with general rules. By
demanding complete accuracy and insisting, in any event, on the ratio
sciendi, one may generally succeed in turning a perception, uncertain
with regard to any individual, into a trustworthy one with regard to the
confessor. It happens comparatively seldom that untrue confessions are
discovered, but once this does occur, and the trouble is taken to
subject the given evidence to a critical comparison, the manner of
adaptation of the evidence to the confession may easily be discovered.
The witnesses were altogether unwilling to tell any falsehood and the
judge was equally eager to establish the truth, nevertheless the issue
must have received considerable perversion in order to fix the guilt on
the confessor. Such examinations are so instructive that the opportunity
to make them should never be missed. All the testimony presents a
typical picture. The evidence is consistent with the theory that the
real confessor was guilty, but it is also consistent with the theory
that the real criminal was guilty, but some details must be altered,
often very many. If there is an opportunity to hear the same witnesses
again, the procedure becomes still more instructive. The witnesses
(supposing they want honestly to tell the truth) naturally confirm the
evidence as it points to the second, more real criminal, and if an
explanation is asked for the statements that pointed to the “confessor,”
the answers make it indubitably evident, that their incorrectness came
as without intention; the circumstance that a confession had been made
acted as a suggestion.[63]
Public-domain text, read in full here on John Shaqi.
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