The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-05-01

son all oral or written statements of wit
nesses must be weighed ia the scales of
sound judgment, and this is true of the tes-
timony of the most intelligent and conscien
tious of witnesses.
MY experience has been mainly with
witnesses in civil cases. If | take into con-
sideration the personal equation, 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 is in the other. Most
women use more superlat1ves than men.
This is evident from the language of school
girls. Nothing is simply beautiful, every
thing is perfectly Splendid When
schoolgirl has been surprised she exclaims
4 thought l should diep She will speak of
thing as 'awfully' nice! Cultivation and
experience of life correct this fault of e1
aggeratlon somewhat, and have in mind
some women whose moderation aud care
full statements Of facts are models in their
way.
'But the majority of women uncon-
sciously exaggerate by the use of the
stronger adjectlves and adverbs and by the
use of the superlative degree when weaker
words would be more accurate.
'rne difficulty | ind with male witnesses
who are not personally interested in con-
troversy is that they understate rather
than overstate the facts. l believe that
most men are more just than most women,
and this sense of justice makes them espe-
cially careful to testify as to circumstances
in which they are not personally or imme-
diately concerned with great elaboration
and circumspection.
ITO state briefly my general view of
what effect the testimony of mere witnesses
will have upon the average juror, | am in
clined to think that too explicit belief in
the words of most women witnesses has
led and will lead to more incorrect conclu-
sions than the same belief in the literal
statements of most male witnesses.
''Now, as to the parties substantially in
terested in the result of controversy, |
have no doubt that the most honest and
! best instructed unconsciously color their
| testimony, 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, and yet there was
something true at the basis OF the rule
which excluded such testimony. There are
instances, it is true, of exceedingly sensi-
tive consciences where even parties, both
men and women, through fear of doing the
slightest wrong, will rather understate thar
overstate their cases. l cannot say tha
this is common.
"a sktllful lawyer. in trying the case
will in some way convey to the Judge anC
the jury his apprehensions of the persona
equation in the makeup OF any witness ex
amined, and this will aid both judge ant
jury to reach such conclusions as to tn
facts as the lawyer believes to be the cor
rect ones.
81 do not think that Intentional falls
swearing is very common. UDintentiona
false swearing as TO facts is unquestionabl
present in every controversy. 1 have n
reason to think that perjury, when il doe
!. occur, is more common with female tina
with male witnesses"