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Updated: June 14, 2025
Sir Henry Hodson seemed to have been impressed by the witness's story, for he asked Kemp a number of questions, and entered his answers in his notebook. "Joe," whispered Crewe, as the boy stole noiselessly behind him, "look at that man in the witness-box. Have you ever seen him before?" "Rayther, guv'nor!" whispered the boy in reply.
He also managed to infer, in a gentlemanly professional way, that Sir Henry Durwood was deservedly eminent in the medical world as a nerve specialist, rather than as a mental specialist, whereas witness's own experience in mental cases had been very wide.
And on this subject I would like to say that few Judges or advocates sufficiently consider it. The greatest actor has a manner. The man who is not an actor has a manner, and if you are only sufficiently read in the human character, it cannot deceive you, however disguised it may be. A witness's evidence may deceive, but his manner is the looking-glass of his mind, sometimes of his innocence.
Then he goes on: "If you believe any witness has wilfully testified falsely as to a material fact, you may disregard that witness's whole testimony." Of course, is that not the reason for their being there? Why, the judge in the beginning made them swear to decide the case "according to the evidence." The jury is going to do exactly that.
But a psychological trace, on the other hand, is purely symbolic: it is not the fact itself; it is not even the immediate impression made by the fact upon the witness's mind, but only a conventional symbol of that impression.
"Now, John Skoonly," and the alcalde's eyes rested steadily on the witness's face as he settled back on his stump, "kindly tell the jury and the people gathered here, what you know of the case now being tried before them."
The only safe way is to obtain a composite photograph of the witness's mind and of the thoughts that arise from the original perception, a continuation of impressions. Judges or juries never determine cases by first deciding which witness is telling the truth or at least the exact truth.
But Simon's flabby face turned a dull red, and presently he lifted his big silk handkerchief and wiped his forehead. Meeking waited a moment, letting the witness's outburst have its full effect. Then, amidst a dead silence, he leaned towards the box. "Why didn't you say all that at the recent inquiry?" he asked. "Because it wouldn't have been a scrap of good!" retorted the witness.
The jury realize the difficulties of the situation for the lawyer, and are not unlikely to sympathize with him, unless he makes bold to attack the witness, when they quickly chance their attitude. One question, and that as to the witness's means of livelihood, is often sufficient. "How do you support yourself?" "That will do, thank you," remarks the lawyer with a smile. "You may step down."
If you had a broken leg, would you send for a doctor? Yes, to set it. I have not sufficient understanding. Continuing, witness said she did not believe in drugs, but she did in food at present, because her understanding was not sufficient, as she was only a student. By a Juror: The reason Mrs. Dixon got worse was because of lack of understanding on witness's part.
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