Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.Swazey, John B.
Philosophy
Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.
Swazey, John B.
England -- Social life and customs
The Lawyers call and examine the witnesses. These are not permitted
to tell the truth in their own way at all. They are sworn upon
the _Sacred Writings_, upon pain of penalties of the Law, and the
dreadful fear of the awful Jah and Hell, _to speak the truth, the
whole truth, and nothing but the truth_! Now, the truth which they
are to speak must be that _sort_ of truth which the Lawyers and the
Judge determine upon to hear--not by any means _that_ truth which the
witness, in his simplicity, is about to utter! Here, then, an honest
and conscientious witness is likely to be at once bewildered; but a
callous, self-possessed one, who does not intend to say one word more
than he can help, finds himself doing exactly what the Lawyers and the
Court understand by the oath--that is, to speak _for_ the one side or
the other; _not for truth_!
Consider the position of a witness, perhaps a timid woman, or an
inexperienced person, never before called upon to take the _awful
oath_, never before in such a place! Confronted, made to stand
up, _thrust_ without respect, sometimes rudely and with positive
disrespect; treated, in fact, as if a party to the crime, though
perfectly ignorant of anything excepting of some chance _link_ required
in the _theory_ of the charge--thrust forward into the gaze of the
Judge, of the whole assembly. Every eye is fastened upon the trembling
witness. She is ordered in a rough tone to hold up her hand, to take
the _oath_, _to kiss the Sacred Writings_! What with the crowd, the
novel and painful position, by this time the poor woman, when asked a
question, can scarcely speak. The old, half-deaf Judge, turns his awful
be-wigged head to her, raises his ear-flapper and says, "Speak louder,
witness; I can't hear you." An officer bawls out, "Silence!" and, not
unlikely, the poor witness fairly collapses, faints, and she is allowed
to be seated.
The Lawyers examine the witnesses, and if one begins to say something
very damaging, if possible, will interrupt him; or, by and by, will
insinuate some vile charge against him, to destroy his character with
the hearers--not that there be any truth in the insinuation, but merely
to effect the purpose of a vile _minion_ paid to defend, perhaps, a
notorious offender!
Thus the _trial_ proceeds; every effort is made on the side of the
accused (which is the active side) to mislead, to confuse, to bewilder.
The Law, read from big books, is constantly referred to, now to stop a
witness in what he is about to say; now to get something _already_ said
scratched off from the minds of the twelve men; and now to take the
opinion of the Judges as to whether this or that should, or should not,
be heard by the Jury.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account