Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-11-16
rrGnn TESTIMONY.

NEGRO TESTIMONY.
We have read much Of what has been
recently written upon the subject Of re-
moving the disabilities which prevent
negroes from testifying in the Courts,
and have ourself been OF opinion that
their testimony ought to be odmitted, its
credibiitv to be judged Of by the Court
or the Jury as we would, in all cases,
civil and criminal, have the statements
Of the parties heard, and their value as
testimony be left to the Court or jury to
decide upon. Where wen an unreliable
witness testifes in open Court, It may be
safely left to the Judge or the jury to
weigh his testimony, aud from his man.
ner. the consistency and r~essonableness
Of bis statements, and Rll the circun-
stances Of the case, 10 decide how much
if Is worth. Our acquaintance with the
characteristics OF the negro race, and
some experience in the Federal Courts in
Arkansas, where they have been wit
uesses, in cases from the Indian country,
compel us to say that We should, if we
were g Judge or juror, attach very little
weight to the testimony Of a negro, IN
c~o,roborated by other testimony or by
circumstances and none at all where his
own interest was involved; except where
the witness was very much above the
ordinary average Of his race. We have
kpown those who we're eminently truth
fuI. hut these have bssD but rare in
stances among q great multitude.
An oath, as a general rule, does not in
the least add weight to the testimony OF
a negro. Perjury is an offence that has
few or no terrors for them snd to ad-
init them a. witnesses is, We are per-
shaded, to make perjury as common as
living. We multiply Osths and a~fidavits
bv far too much; and the consequent
continual false swearing shocks every
LAWYER. who is At all familiar With the
ursctice OF the courts. 1t is only 10 rare
cases that an oath gives any additional
guarantee Of the truth OF 8 statement.
and the solemn administration Of it on
the Holy Scriptures is too ofteG only q
solemn mOckery.
Lately, We have hesitsted TO assent 70
the wisdom Of admitting negro testi-
moDy, at least in the shape Of written
dispositions. Every lawyer is aware
how Easy and how common il is fSs de-
positions to De 20 written down ~ to
amount 20 much more, in favour Of one
side or the other, than the real testi-
mony OF the witness would have
amounted TO, given 10 the face Of the
court and jury, and when be could be
subjected to a searching cross-examina-
ton. The written language is too often
not the language Of the witness himself.
We have known counsel who could not,
a. well as some who WOuld not, take
down the testimony Of q witness fairly.
without keeping back or softening Il
shading and eolouring It, and using
stronger and more explicit words thar
the witness own. Many cases are IN
testify gained or defeated, BY that kline
Of sharp practice.
Not Ioug since, In a suit in equity, %
q motion 20 dissolve an injunction, upOL
sdeuiaI Of all the allegations and equity
Of the bill in an answer, We encountered
two er parte afidsvits, drawn up by
solicitor oftwo negro or mulatto wenehes
one OF them the mistress Of the party
xbo had obtained the Injunction. WIKI
ar what they were did not appear on th'
face of the ahidavits, and there wa
nothing before the Judge to discredi
them; and yet the intrinsic value 0
their testimony, appearing on the recorc
a. good a. any ones, was not suficien
TO hang q blind pup upon and they
were entirely too worthless for any on.
70 trouble himself to indiet them 70
perjury.
II IL uuite certain that there will b
little security for rights Of any sort il
the Courts, If the dispositions snd afids
Wits Of negroes, taken upon.nOtice or 10
terrogatoriss, are to be used as evidence
for. as evidence, they will be utterly IN
reliable aud worthless, and TO permi
their use will be exceedingly dangerous
som Of the rules and principles Of th'
R,man law in regard to testimony ar
worthy to be incorporated ia our books
For example -
ain the matter Of testimony, regar'
IL TO be had 10 the social standing, We
rscitv. morals and weight OF characte
Of witnesses and therefore those VIII
by ea-uivocation diminish the credit o
their testimony, are not to be heard
DIGEST, Book zrEii. TT. v, dc testi
Gus, 2. ."
Wherefore the Emperor HADRTAE D.
rsscrjpt instructed VIvIUs VARUs, lie
gate OF the Province of Ciieia, tina
wbo.oever had the power Of judicial de
c,sion was most competent to determine
L,w much credit ought TO be given q
-.;+,.sses. The words Of the Rescrip
g.. nThou canst best determine whs
dsorse Of credit should be given to wit
,es.ss who they are, and OF what dig
,,ity and estimation; who appear t.
.,osk tine truth ia simplicity anC
whether they come prepared te repeat
tsle coneoeted and conned over in ad
vance or whether, without previous re
aactisn they reply off-hand, with an
svsrs having the appearance of truth
70 your q~uestionings. I'd. g., in Pri"
cip.
p,ooons,l4 Macedonia rcscripst, testibu'
a. non tsstimoais credturum. Id. l. 3
2. The same Emperor HADRIAN in
structed JuNIUs RUFINUs' Proeonsul Of
Macedonia, to give credit to the wit
nesses, and not to their dispositions.
And the same Prince Instructed ga
BrNIUs MAxIMUs In these words; Ah0