A remarkable case of this kind was that of a suspect of child murder.
The girl told that she had given birth to the child all alone, had
washed it, and then laid it on the bed beside herself. She had also
observed how a corner of the coverlet had fallen on the child’s face,
and thought it might interfere with the child’s breathing. But at this
point she swooned, was unable to help the child, and it was choked.
While sobbing and weeping as she was telling this story, she spread the
fingers of her left hand and pressed it on her thigh, as perhaps she
might have done, if she had first put something soft, the corner of a
coverlet possibly, over the child’s nose and mouth, and then pressed on
it. This action was so clearly significant that it inevitably led to the
question whether she hadn’t choked the child in that way. She assented,
sobbing.
Similar is another case in which a man assured us that he lived very
peaceably with his neighbor and at the same time clenched his fist. The
latter meant illwill toward the neighbor while the words did not.
It need not, of course, be urged that the certainty of a belief will be
much endangered if too much value is sanguinely set on such and similar
gestures, when their observation is not easy. There is enough to do in
taking testimony, and enough to observe, to make it difficult to watch
gestures too. Then there is danger (because of slight practice) of
easily mistaking indifferent or habitual gestures for significant ones;
of supposing oneself to have seen more than should have been seen, and
of making such observations too noticeable, in which case the witness
immediately controls his gestures. In short, there are difficulties, but
once they are surmounted, the effort to do so is not regretted.
Public-domain text, read in full here on John Shaqi.
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