Reflections and Comments 1865-1895Godkin, Edwin Lawrence
General
Reflections and Comments 1865-1895
Godkin, Edwin Lawrence
Essays
There has been during the week a loud and increasing demand for
the application of the legal process of discovering truth to the
Tilton-Beecher case. People ask that it be carried into court, not
only because all witnesses might thus be compelled to appear and
testify, but because apparently there is, in the minds of many, a
peculiar virtue in "the rules of evidence" used by lawyers.
Witnesses examined under these rules are supposed to receive from
them a strong stimulus in veracity and explicitness, while they at
once expose prevarication or concealment. One newspaper eulogist
went so far the other day as to pronounce the rules the product of
the wisdom of all ages, beginning with the Phoenicians and coming
down to our own time. There is, however, only one good reason that
we know of for carrying any attack on character into court, and that
is the obvious one, that the courts only can compel those who are
supposed to know anything about a matter of litigation to appear and
state it. But we do not know of any other advantage which can be
claimed for a trial in court, in such a case, over a trial before a
well-selected lay tribunal. "The rules of evidence" in use in our
courts are not, as too many persons seem to suppose, deductions from
the constitution of the human mind, or, in other words, natural
rules for the discovery of truth under all conditions. On the
contrary, they are a system of artificial presumptions created for
the use of a tribunal of a somewhat low order of intelligence, and
are intended to produce certain well-defined and limited results,
which the law considers generally beneficial. They have, that is to
say, grown up for the use of the jury. The large number of
exclusions which they contain are due simply to a desire to prevent
jurymen's being confused by kinds of testimony which they are not
supposed to have learning or acumen enough to weigh. If anyone will
go into the City Hall and listen to the trial of even a trifling
cause, he will find that the proceedings consist largely in the
attempt of one lawyer to have certain facts laid before the jury and
the attempts of the other to prevent it, the judge sitting as
arbiter between them and applying the rules of admission and
exclusion to each of these facts as it comes up. If he examines,
too, in each instance what it is that is thus pertinaciously offered
and pertinaciously opposed, he will find that it almost invariably
has _something_ to do with the controversy before the court--it may
be near or more remote--but still something. Consequently it has,
logically, a certain bearing on the case, or is, under the
constitution of the human mind, proper evidence. When the judge says
it is irrelevant, he does not mean that it is logically irrelevant;
he means that it has been declared irrelevant on certain grounds of
expediency by the system of jurisprudence which he administers. He
refuses to let it go to the jury because he thinks it would befog
Public-domain text, read in full here on John Shaqi.
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