Los Angeles daily herald., 1888-02-26
10 ERR IS HUMAN.
Ihe Utter Unreliability Of
Most Human Testimony.
RRNARKABLE CASES IN POINT.

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nHNARKABLE CASES IN POINT.
Many Differing Yet Perfectly Hon.
ct Statements by Eye-Wit-
nesses to the Same Scenes.
n the skeptical old cynic, the sum
to1al Of whose experience as voiced in
the counsel, "Believe nothing that
you hear and only half that you see,"
y like most aphorisms, specious or
wholesome, now classified with what
modeEn f1ippancy terms "chestnuts,"
had evolved his sweeping deduction
alter listening to testimony in a crimi-
nal case, his advice would not have
been without warrant Of foundation.
In endowing man with the five senses
q sight, hearing, smell, taste and feel
ing. Providence did not ordain that
cne possessor Of these human re-
quisites should exercise them other
than through q glass darkly," I"
but, to the discontinue Of jurors
and lawyers, few men are willing to
admit the fallibility of their powers of
observation, and hence the mass of
contradictions and inaccuracies al
Ways forthcoming when the relation
Of any one event or the recall
ing Of q face or circumstance is
demanded by two or more persons.
Following out the physical admission
that no two organic bodies in exist
once on the earth or in the waters
under the earth are to be found con-
stituted in every respect alike, so,
also, it is deemed questionable by the
observing - they, themselves, of
course, fallible--f two spectators of a
happening may be found whose point
Of view of the given event is identi-
cAl. Lawyers, old in the harness Of
the profession, maintain that the tes-
timony Of two witnesses, equally un-
prejudiced, bearing on some impor-
tant conversation that may have
passed, will vary in recountal proper
tionately to the personal leaning or
condition of mind that was theirs at
the time, and which must, to a GER
tain extent, color the impressions Of
all men, however honest or impartial
they may be. This is the case, of
course, with the attempted re-
production of the sense or SUBJ
stance of what has passed,
it being judged an abnormal
feat of memory that enables witnesses
to recite word for word conversation
that may have passed, though the in
stances in which this is attempted are
numerous and often laughable. Hence
the strength of cross questioning and
the awful conviction that comes to
: timid and honest man under the
rank Of the limitations of his powers
Of faithful observation and tenacious
recollection. Memory, it is hardly
necessary to say, is the most treach-
erous of the elements entering into
the faithful preservation and record
Of even insignificant events, whose
surroundings would at first sight seem
hardly to admit of q doubt, but strang-
er still is The absolute and well-known
conviction with which each OF dozen
honest and reliable spectators will re-
late as many different tales
in describing the action of a
mob, the firing of a pistol and
even the time and locality peril
nent thereto. 1t is no matter for
~vrrx.x7ox that sv,rsao ~ o1~~., - cvv;x,o
ct conclusions when any man who
has given the subject any thought
- -n well the unreliability OF
his neiahbor in ----ing time and
SPACE, this mal-observation not being
limited to the flight OF months or
weeks, or even hours, or to the esti-
mating Of miles traversed, but to
such seeming trifles as the duration
of Z second or the length of twenty
five foot pole, the area of a back
yard or the height Of room. Many
are the mechanical tricks. familiar
irom childhood, with which it is Gus.
tonarv to amusingly test the Conn
monest powers Of sight, and the spec
tacle is no rare one for a roomful OF
grown men vainly endeavoring to in
dicate on the wall the exact height
that would be attained by the crown
Of 9 silk hat placed on the floor.
It was in discussing the limitations
of human observation and judgment
as imperfectly set forth above, thai
ex-Lieutenant Governor Charles P
johnson yesterday reported for the
benefit of q Republican reporter 8
strange case Of mistaken identity tina,
some years ago came under his per
ponal observation in the course of hi.
law practice: :.
1T was some time in $780," sale
the Governor, reminiscently, ION the
the evening Of date in January Of
February Of that year that canno
now accurately recall that the safe
Uf the Santa Fe Railway at it's depo
IN Eureka, Kansas, was broken oper
and robbed by burglars unknown
Suspicion fastened on two men wht
had been lingering about town ant
Who had registered at the loca
hotel, and q vigorous search was insti
tuted for the thieves. A large rewar(
had been offered and handbills liber
ally distributed, and on the day fol
lowing the robbery a man was cap
tuxed in the woods who gave hi
name as John Finnegan, alias Dicl
Little, and on whose person wal
found the booty, consisting largely o
= notes, some of which were found il
his socks. He was brought to tow
and had . preliminary hearing be
fore Justice Of the peace, at which
y large number Of witnesses and spec
tntors were present, the prosecuting
nttorney Of the county, together witt
his assistant, being on hand. Th
man was placed in Jail, but on
month later, before his case had beel
formally tried, . successful attemI
e escape was made by the prisoner