The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-05-04

possible to give su absolutely correct ac-
count OF any transaction. Exaggerated
emphasis, expression and meditation all
tend TO ada to or subtract from an abso-
lutly accurate word picture of any event or
transaction. For that reason all oral or
written statements of witnesses must be
weighed in the scales Of sound Judgment,
and this is true OF the testimony of the
most intelligent and conscientious of wit
nesses.
"My experience has been mainly with
witnesses in civil cases. II | take into con-
sideration the personal equation, l am just
as willing to believe the statement Of the
average woman as | am that of the average
man testifying in civil actions or proceed
ings. In doing so, bear in mind that this
equation Is apt to be different in the one
case from what it il in the other. Most
women use more superlatives than men.
This Is evident from the language OF school
girls. Nothing is simply beautiful,
everything is perfectly splendid When a
schoolgirl has been surprised she exclaims
L thought l should dier She will speak OF
thing as 'awfully' nlcel Cultivation and
experience of life correct this fault of exag-
Reration somewhat. and l have in mind
some women whose moderation and care
full statements of facts are models in their
way.
"But tho majority Of women unconscious
~ 0AdBkoId D1 bub use u bu6 stronger du~
Jectlves and adverbs, and by the use OF the
superlative degree when weaker words
would be more accurate.
The difficulty find with male witnesses
who are not personally interested in a con-
troversy is that they understate rather than
overstate the facts | believe that most men
are more just than most women, and this
sense Of justice makes them especially care
full to testify as to circumstances in which
they are not personally or Immediately con-
cerned with great elaboration and circum-
spection.
ITO state briefly my general view Of what
effect the testimony OF mere witnesses will
have upon the average juror. am inclined
to think that too explicit belief in the words
of most women witnesses has led and will
lead TO more incorrect conclusions than the
same belief in the literal statements of most
male witnesses
Now, as to the parties substantially in.
terested 10 the result of the controversy,
have no doubt that the most honest and
instructed uuConsciouslY color their testi-
mony. and this IS an element that must be
taken into consideration In weighing it. 1t
seems, of course, absurd TO us TO reject the
testimony of interested parties as was done
at common law, aud yet there was some
thing true at the basis OF the rule which ex-
cluded such testimony. There are instances,
it Is true, of exceedingly sensitive con-
sciences where even parties. both men and
women, through fear of doing the slightest
wrong, will rather understate than over
state their cases. I cannot say that this is
common.
"a skillful lawyer, in trying the case,
will in some way convey to the judge and
jury his apprehensions of the personal equa-
ton in the makeup Of any witness ex-
amined, and this will aid both judge and
jury to reach such conclusions as to the
facts as the lawyer believes to be the correct
ones.
al do not think that intentional false
swearing is very common. Unintentional
false swearing as to facts is unquestionably
present in every controversy. l have no
reason to think that perjury, when it does
occur, is more common with female than
with male witnesses"