branch in which he thinks he has the best prospects. It is a bitter
truth and a general rule--that those who want to study law and the
science of law are the exceptions, and that hence we have to acquire a
real interest in our subject from laymen, from our experts. But the
interest can be acquired, and with the growth of interest, there is
growth of knowledge, and therewith increase of pleasure in the work
itself and hence success.
The most difficult problem in interest, is arousing the interest of
witnesses--because this is purely a matter of training. Receiving the
attention is what should be aimed at in rousing interest, inasmuch as
full attention leads to correct testimony--i.e., to the thing most
important to our tasks. “No interest, no attention,” says Volkmar.[64]
“The absolutely new does not stimulate; what narrows appreciation,
narrows attention also.” The significant thing for us is that “the
absolutely new does not stimulate”--a matter often overlooked. If I tell
an uneducated man, with all signs of astonishment, that the missing
books of Tacitus’ “Annals” have been discovered in Verona, or that a
completely preserved Dinotherium has been cut out of the ice, or that
the final explanation of the Martian canals has been made at Manora
observatory,--all this very interesting news will leave him quite cold;
it is absolutely new to him, he does not know what it means or how to
get hold of it, it offers him no matter of interest.[65] I should have a
similar experience if, in the course of a big case, I told a man,
educated, but uninterested in the case, with joy, that I had finally
discovered the important note on which the explanation of the events
depended. I could not possibly expect interest, attention, and
comprehension of a matter if my interlocutor knows nothing about the
issue or the reason of the note’s importance. And in spite of the fact
that everything is natural and can be explained we have the same story
every day. We put the witness a definite question that is of immense
importance to us, who are fully acquainted with the problem, but is for
the witness detached, incoherent, and therefore barren of interest. Then
who can require of an uninterested witness, attention, and effective and
well-considered replies?[66] I myself heard a witness answer a judge who
asked him about the weather on a certain day, “Look here, to drag me so
many miles to this place in order to discuss the weather with
me,--that’s--.” The old man was quite right because the detached
question had no particular purpose. But when it was circumstantially
explained to him that the weather was of uttermost significance in this
case, how it was related thereto, and how important his answer would be,
he went at the question eagerly, and did everything thinkable in trying
to recall the weather in question by bringing to bear various associated
events, and did finally make a decidedly valuable addition to the
evidence.
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