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Updated: June 14, 2025
"Hush! Emily, hush! no more of this!" said the mother, half in hope that her husband might not have caught the words; but she was widely mistaken. The ears so much in the habit of listening to the least quaver in the tone of a witness's voice, were not to be trifled with in the present instance. "Hey? What is this?" asked the Judge, in a tone that admitted of no trifling in the answer.
This last witness added to the confusion by saying she saw no chain, and did not believe her lodger had a watch, since she had several times asked her the hour, and had annoyed her into saying she ought to have a watch of her own. This witness's "impression" was that deceased had replied, "I wish I had, and I wouldn't trouble you." This was absolutely all that could be ascertained.
Grounding this assumption on the current reports of the witness's manner and bearing since he had been placed under official surveillance, Margrave had commissioned the policeman Waby to make inquiries in the village to which the accuser asserted he had gone in quest of his relations, and Waby had there found persons who remembered to have heard that the two brothers named Walls lived less by the gains of the petty shop which they kept than by the proceeds of some property consigned to them as the nearest of kin to a lunatic who had once been tried for his life.
Grounding this assumption on the current reports of the witness's manner and bearing since he had been placed under official surveillance, Margrave had commissioned the policeman Waby to make inquiries in the village to which the accuser asserted he had gone in quest of his relations, and Waby had there found persons who remembered to have heard that the two brothers named Walls lived less by the gains of the petty shop which they kept than by the proceeds of some property consigned to them as the nearest of kin to a lunatic who had once been tried for his life.
On hardly any subject have men of such different degrees of learning, such various and opposite prejudices, left us their testimony testimony from the nature of the subject more than ordinarily liable to be affected by prejudice, and by the limitations of each witness's powers of observation and opportunities of ascertaining the truth.
As the reader is already aware, the value of all honestly given testimony depends first upon the witness's original capacity to observe the facts; second upon his ability to remember what he has seen and not to confuse knowledge with imagination, belief or custom, and lastly, upon his power to express what he has, in fact, seen and remembers.
It is in the second class of the witness's limitations that women as a whole are more likely to trip than men, for they are prone to swear to circumstances as facts, of their own knowledge, simply because they confuse what they have really observed with what they believe did occur or should have occurred, or with what they are convinced did happen simply because it was accustomed to happen in the past.
During the progress of the trial the commission was informed that a very important witness had been detained under guard, by order of General Sheridan, in order that his testimony might be taken. On the witness's first appearance it was noticed that the guard detail was very careful to give him no opportunity to escape. He proved to be a person of most noticeable appearance.
Wessels continued, 'that you feel yourself free to divulge so much as it suits the Government to reveal, but that as soon as I wish to prove something to my clients' advantage the interview becomes privileged? The witness did not answer, and Mr. Wessels appealed to the Court. Judicial Commissioner Zeiler, however, upheld the witness's contention. Mr.
Harkness," said Wilson, "you say you saw these gentlemen, my clients, kick the plaintiff. Are you sure and please remember that you are on oath are you perfectly sure that you saw both of them kick him, or only one? Now be careful." A bewildered look began to spread itself over the witness's face. He hesitated, stammered, but got out nothing.
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