The Collected Works of Ambrose Bierce, Volume 11: AntepenultimataBierce, Ambrose
General
The Collected Works of Ambrose Bierce, Volume 11: Antepenultimata
Bierce, Ambrose
American essays; American literature
Most lawyers have made so profound a study of human nature as to
think that if they have shown a man to be of loose life with regard
to women they have shown him to be one that would tell needless lies
to a jury—a conviction unsupported by the familiar facts of life and
character. Different men have different vices, and addiction to one
kind of “upsetting sin” does not imply addiction to an unrelated kind.
Doubtless a rake is a liar in so far as is needful to concealment, but
it does not follow that he will commit perjury to save a horsethief
from the penitentiary or send a good man to the gallows. As to lying,
generally, he is not conspicuously worse than the mere lover, male
or female; for lovers have been liars from the beginning of time.
They deceive when it is necessary and when it is not. Schopenhauer
would say that it is because of a sense of guilt—they contemplate the
commission of a crime and, like other criminals, cover their tracks.
I am not prepared to say if that is the true explanation, but to the
fact to be explained I am ready to testify with lifted arms. Yet no
cross-examining attorney tries to break the credibility of a witness by
showing that he is in love.
An habitual liar, if disinterested, makes about as good a witness
as anybody. There is really no such thing as “the lust of lying:”
falsehoods are told for advantage—commonly a shadowy and illusory
advantage, but one distinctly enough had in mind. Discerning no
opportunity to promote his interest, tickle his vanity or feed a
grudge, the habitual liar will tell the truth. If lawyers would study
human nature with half the assiduity that they give to resolution of
hairs into their longitudinal elements they would be better fitted for
service of the devil than they have now the usefulness to be.
V
I affirm the right and expediency of cross-examining attorneys in
court, with a view to testing their credibility. An attorney’s relation
to the trial is closer and more important than that of a witness. He
has more to say and more opportunities to deceive the jury, not only
by naked lying, but by both _suppressio veri_ and _suggestio falsi_.
Why is it not important to ascertain his credibility; and if an inquiry
into his private life and public reputation will assist, as himself
avers, why should he not be put upon the grill and compelled to sweat
out the desired incrimination? I should think it might give good
results, for example, to compel him to answer a few questions touching
his professional career. Somewhat like this:
“Did you ever defend a client, knowing him to be guilty?”
“What, precisely, was your motive in doing so?”
“But in addition to your love of fair play had you not also the hope
and assurance of a fee?”
“In defending a client known to you to be guilty did you declare your
belief in his innocence?”
Public-domain text, read in full here on John Shaqi.
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