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

!
have known many instances where women.
testifying in cases that involved a husband
or a brother or a sweetheart, have commit
ted rank perjury, and stuck to it to the end;
and, on the other hand. plenty
Of men have committed equally rank
vacations, where there would be
no such calls upon sympathy or loyalty.
| No, there is no distinguishable difference
between the sexes in: the matter OF verac-
ity. 1t all depends upon theindividual man
or woman whether he or she can tell, or
| will tell, the truth in the witness-boX.p
do you observe any difference between
men and women as to capacity for telling
the truth when they are not personally or
directly concerned in the issue|
mot the least. Sex has nothing TO 30
| with IL. The intelligence OF the witness is
the determining influence. and an intelligent
woman will tell as accurate a story as man
of equal intelligence. The effect of the
woman's testimony upon a jury may be
| little greater than that OF a man, but other
things being equal, | have found that
woman is just as credible as witness of the
! other SEX"
At this point Mr.. Nicoll sent for one of
his assistants, Mr.. Mcintyre, and put the
| question to him. Mr.. Mcintyre replied,
| without hesitation:
! There is no difference. Male and female
witnesses differ in their capacity or willing
ness to tell the truth, bat the difference de-
pepds upon individual characteristics, not
upon sex. In my experience l have seen
| nothing upon which to base a general and
conclusive comparison between the sexes as
to veracity other than that no distinction
can be DRAWN
But such conservative opinions are rare.
| This is a question on which many people
| feel strongly. Witness the following from
one of the most skillful of cross-examiners:
GALLANT ABE HUMMEL.
When the question was put to the famous
little lawyer of Center street, Mr.. Hummel
| responded, confidently:
"A women is the more truthful every
| time. Her nature is such that she is not in
| clined to scheming for advantage as men
are, and, although there are women who, on
provocation, will commit perjury, l say
emphatically that as been the sexes, the
women are the more veracious."
THAT, Of course. is deduced from your
experience in the courtsg'
Certainly, l would rather go before
| judge or jury with one woman than with
half dozen men. / should be more conf
| dent that the woman would tell the truth,
and should also feel pretty certain that
the woman would produce a more telling
effect upon the court"
"Does this follow when the witness is
not personally interested in the issuem
Just the same. You may put me down
as believing the woman every time"
Ex-JUDGE HAYES.
Here is an opinion. judcially expressed.
| as becomes q nan who has sat upon the
bench. But, in spite Of its impartiality,
| members Of the sterner sex will probably
| tind something favorable In it. Ex-Judge
| Granville 2. Halves is the speaker:
Truth telling" said he, lis not SO much a
matter Of conscience or fear OF punishment
| as most people think. 1t is rather the res
suit OF civilization, Of training, and of cul-
| ture. In the lowest strata of society there
| is little, If any, restraint upon the tongue.
| The women in such a class are utterly I'M
trustworthy; they will swear to anything.
| For that matter, in my opinion, the oath
| has but the slightest influence upon the
| declarations Of a witness. The men in the
| lowest classes will come nearer the mark
| probably, because, while actuated by inter
est, they are rather keener than the women
to see which way real interest lies.
| Among the cultivated classes the verao-
| ity of men and women is about equal. The
| best woman is the best possible person in
| the world; the worst man is the worst pos
| IDLE person. This conclusion has no refer
| ence to llcentiousness it is concerned with
| the general moral makeup of the person in
| question. A good woman, cultivated, inn
bued with religious ensibility, cannot he
| induced to swerve from the truth When
| woman is bad her whole moral nature seems
to be wholly undermined and ruined, and
| she will stop at nothing to effect what may
| seem advantageous to her.
1.-THE most dangerous witness to himself
and his side OF the contention Is the man
| who knows it all. As rule he tries to be
clever; he will not swear to direct false
| hood, but he will evade and endeavor
smar thy to conceal a part Of the truth. He
is sure to be tripped up. Few women at
tempt this, and when it comes 90 the effect
OF their testimony upon jury | think they
| carry more weight than men. This is prob
ably because the juror regards the woman's
| mind as simpler than the mans; and he
believes that she will tell the plain facts,
and that she has no little game in view. or
| course there are instances where juries have
been carried away by fascinating, pretty
woman, but they are, on the whole, rare.
| 1t is not 30 much woman's beauty that APP
peais to a jury as their confidence in ingen-
| uousness. which confidence they are likely
to retain until they discover something that
points the other way
| And now as to witnesses who are not
directly affected by the issue. Are not
women somewhat less likely to narrate an
| event accurately than men wouldP
Speaking generally, should say that
such would be the case. Girls do not, as a
| rule, receive a mathematical education;
| that is, their education does not involve as
much mathematical study as boys does.
The study OF mathematics tends to cultivate
preciseness in expression, and girls do not
| get that training. Then. when they have
| matured, their business or vocations do not
bring them constantly under the necessity
of making exact statements. With most
men it is just the reverse and they accord
ingly can be more safely depended upon to
give evidence that shall be as nearly as pos
| sible truthful"
ALBERT GALLUP.
Park Commissioner Albert Gallup looked
amused and interested when the question
was put to him, and he at once began to
pace up and down his Office, thinking it
over.
"That's psychological problem, isn't itg'
he asked presently. cat any rate it is an
interesting question. A mans faculties for
| observation are keener and more systemat-
ically trained, and his mind is more logical,
but on the other hand, a woman has greater
powers Of intuition than man, and, doubt
| less, if she were more logical she would be
less charming. A woman is considerably
influenced by her sympathies, in most cases
| unconsciously, doubtless.
"A lawyer is always at some disGd-
vantag In examining woman. She is not
accustom ed to the situation; her emotions
are near the surface. Just at the time
when you have brought her to the i'm
portant point she is exceedingly likely to
cry. All lawyer can do then is to wait;
he eau not let tears stand in the way; but
YOU NAV imagine how much chance there