If the face of Mary Monson was pale the instant before, it now flushed
to scarlet. The tint that appears in the August evening sky, when
heat-lightning illuminates the horizon, is scarce more bright than that
which chased the previous pallid hue from her cheeks. Dunscomb
understood her dilemma, and interposed. She was equally unwilling to
tell her real name, and to give a false one, under the solemn
responsibility of an oath. There is, probably, less of deliberate,
calculated false-swearing, than of any other offence against justice;
few having the nerve, or the moral obtuseness, that is necessary to
perjury. We do not mean by this, that all which legal witnesses say is
true, or the half of it; for ignorance, dull imaginations working out
solutions of half-comprehended propositions, and the strong propensity
we all feel to see things as we have expected to find them, in a measure
disqualifies fully half of those on whom the law has devolved a most
important duty, to discharge it with due intelligence and impartiality.
“As a member of the bar, I interfere in behalf of the witness,” said
Dunscomb, rising. “She is evidently unacquainted with her true position
here, and consequently with her rights. Jack, get a glass of water for
the young lady;” and never did Jack obey a request of his uncle with
greater alacrity. “A witness cannot, with propriety, be treated as a
criminal, or one suspected, without being apprised that the law does not
require of those thus circumstanced, answers affecting themselves.”
Dunscomb had listened more to his feelings than to his legal knowledge,
in offering this objection, inasmuch as no very searching question had,
as yet, been put to Mary Monson. This the coroner saw, and he did not
fail to let it be understood that he was aware of the weakness of the
objection.
“Coroners are not governed by precisely the same rules as ordinary
committing magistrates,” he quietly observed, “though we equally respect
the rules of evidence. No witness is obliged to answer a question before
an inquest, that will criminate himself, any more than at the Oyer and
Terminer. If the lady will say she does not wish to tell her real name,
_because it may criminate her_, I shall not press the question myself,
or allow it to be pressed by others.”
“Very true, sir; but the law requires, in these preliminary proceedings,
no more than such accuracy as is convenient in making out the records. I
conceive that in this particular case the question might be varied by
asking, ‘You are known by the name of Mary Monson, I believe?’”
“What great harm can it be to this young female to give her real name,
Mr. Dunscomb, as I understand you are that distinguished counsellor, if
she be perfectly innocent of the death of the Goodwins?”
Public-domain text, read in full here on John Shaqi.
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