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Updated: May 24, 2025
What we actually perceive is one and the same substance possessing the generic characteristics of gold, first in the causal state and then in the effected state. You misstate the case, we reply; here also we do recognise in the effect that substance which is the primal cause, viz. earth. But in smoke, which is the effect of fire, we do not recognise fire! True! but this does not disprove our case.
Therefore, while to suppress a portion of the truth is at times wise and kind, to distort it, or misstate facts, is never needed and never excusable. When you and Zoe came from your drive one day you were full of excitement over an adventure with a Greek road merchant. As you told the story, the handsome peddler had accosted you at the exit of the post-office and asked you to look at his wares.
I think the speaker did not misstate or exaggerate anything in a single word, but as he could in an hour's talk tell only one tenth of what one ought to know, in order to form a correct notion of what the Alps look like, my fanciful imagination promptly supplied the coloring of the other nine tenths of the picture which he left untouched; and consequently when I came to see the Alps, I found them entirely different from what I had anticipated.
"They are not affected," he retorted, while the rattling of the cup against the saucer disproved his declaration. It was with difficulty that he could extricate his fingers from the handle without breaking the delicate ware. "Or if they are," he went on, "you misstate the cause, deliberately, as I believe."
It may be agreed that if there were not certain limitations upon the means which counsel may take to maintain the justice of their clients' cause, if they were justified in suborning witnesses, and coaching them to testify to an unfounded state of facts, if they were permitted to misstate the evidence after it has been adduced, if it were regarded as proper for them to accept employment in the prosecution of a cause which they knew to be brought only for a wrong purpose and without any just foundation, or if in a civil cause they were retained to make a defence which they were advised was false and wrong, then it might be that advocacy under such freedom from limitation would not aid the judges in avoiding wrong conclusions and unjust judgments.
And when I mention this last fact, I must ask you to pause, and consider with me very solemnly what it means. We may pervert, or rather misstate the fact in more than one way, to our own hurt. We may say cynically, David had his good points and his bad ones, as all your great saints have.
It is also settled law their lordships will correct me, if I misstate it is also settled law that the sovereign is the fountain of honor, that he can make war and peace, that he administers justice, sees the laws executed " "I beg your pardon, again, brother Downright," interrupted the chief-justice. "This is not the law, but the prerogative.
'Will you go further will you give me a little line, a memorandum in your own hand, to show that I do not misstate nor mistake you that I have your meaning correctly, and without even a chance of error? 'I will write it formally and deliberately. The bell of the outer door rang at the moment.
We might compare the two narrations by stating that that of Jaramillo embodies the reminiscences of one who stood officially on a higher plane and viewed his subject from a more general standpoint, whereas Castañeda saw more of the inferior details but was more susceptible of confounding, hence to misstate, the mass of data which his memory retained.
It is true, that wherever the interest of a witness is involved, it has an immediate tendency to make him misstate facts: but so would personal ill-will so would his sympathies so would any strong feeling. What, then, is your course in these cases?"
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