The Shadow On The Dial, and Other Essays: 1909Bierce, Ambrose
Philosophy
The Shadow On The Dial, and Other Essays: 1909
Bierce, Ambrose
Essays
When a child, a wife, a servant, a student--any one under personal
authority or bound by obligation of honor--is accused or suspected an
explanation is demanded, and refusal to testify is held, and rightly
held, a confession of guilt To question the accused--rigorously and
sharply to examine him on all matters relating to the offense, and even
trap him if he seem to be lying--that is Nature's method of criminal
procedure; why in our public trials do we forego its advantages? It may
annoy; a person arrested for crime must expect annoyance. It can not
make an innocent man incriminate himself, not even a witness, but it can
make a rogue do so, and therein lies its value. Any pressure short of
physical torture or the threat of it, that can be put upon a rogue to
make him assist in his own undoing is just and therefore expedient.
This ancient and efficient safeguard to rascality, the right of a
witness to refuse to testify when his testimony would tend to convict
him of crime, has been strengthened by a decision of the United States
Supreme Court. That will probably add another century or two to its
mischievous existence, and possibly prove the first act in such an
extension of it that eventually a witness can not be compelled to
testify at all. In fact it is difficult to see how he can be compelled
to now if he has the hardihood to exercise his constitutional right
without shame and with an intelligent consciousness of its limitless
application.
The case in which the Supreme Court made the decision was one in which a
witness refused to say whether he had received from a defendant railway
company a rate on grain shipments lower than the rate open to all
shippers. The trial was in the United States District Court for the
Northern District of Illinois, and Judge Gresham chucked the scoundrel
into jail. He naturally applied to the Supreme Court for relief, and
that high tribunal gave joy to every known or secret malefactor in the
country by deciding--according to law, no doubt--that witnesses in a
criminal case can not be compelled to testify to anything that "_might
tend_ to criminate them _in any way_, or subject them to _possible_
prosecution." The italics are my own and seem to me to indicate, about
as clearly as extended comment could, the absolutely boundless nature
of the immunity that the decision confirms or confers. It is to be
hoped that some public-spirited gentleman called to the stand in some
celebrated case may point the country's attention to the state of the
law by refusing to tell his name, age or occupation, or answer any
question whatever. And it would be a fitting _finale_ to the farce if he
would threaten the too curious attorney with an action for damages for
compelling a disclosure of character.
Public-domain text, read in full here on John Shaqi.
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