In the first place, the cattle, of which the bullock was one, had been
wilfully driven into his field to annoy him and cause him loss. In the
second place, he had not deliberately cut the bullock; when he saw the
cattle coming through the six-foot-high corn towards him he had in a
passion thrown his chopper at the dimly seen moving mass of cattle.
Then he had dodged out of their way. When he found afterwards what
damage he had done he ran away in a fright.
I found there was evidence to support what he said--for instance, he
had gone straight home and told his father before he ran away--so he
got off with a small fine. He might have got two years. But unless he
had confessed I could never have guessed that there was quite another
version of the facts.
Now I have often suspected this state of affairs. The substance of the
prosecution is clear, but there might be extenuating circumstances.
The accused however fights it to the last and will admit nothing. On
the evidence I could but take a gloomy view; for, remember, all cases
are subject to revision by the High Court, who simply read through the
written evidence and are not able to appreciate the subtle effect of
tone and manner in witnesses, which tell more sometimes than their
words.
I have said that the people have no respect for the Courts because they
have lost all respect for the magistrate or judge. In himself he may
be worthy of all confidence; but when on the bench he is not himself,
he is a mouthpiece of the law, or an umpire; he is not a living force.
When you lie in Court you do not deceive a human being who is doing his
best for you and others; you only try to counterbalance the injustice
of the law by a little judicious weighting of the scales. A man who
will tell you the truth as individual to individual will commit perjury
before you in Courts and think nothing of it. In fact, he lies at the
other side, and doesn't consider you at all. He does it to try to get
justice, or what he thinks is justice, in place of law, which otherwise
is all he would get. I have often been told this, and I notice the
same in England. Truth is a relationship of persons; in a Court now
the only persons are the two opponents; the judge is only a sort of
machine to weigh evidence. As man to man I have found Orientals as
truthful as Englishmen. In twenty-six years' experience I do not
remember ever having been told a deliberate lie as man to man. But in
the Courts you are not a man, you are an official, and even as an
official your hands are tied. The parties have no direct relationship
with you. Their relationship is with each other--just as in a duel or
a prize-fight the relationship is between party and party, and the
umpire is only the onlooker, who may or may not see most of the game.
In law he usually sees less because Justice is blind. I am aware that
the bandage over the eyes of Justice is supposed to render her just,
Public-domain text, read in full here on John Shaqi.
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