Omaha daily bee., 1901-02-18
LEGAL TESTIMONY OF WOMEN.
In No Degree Less worthy of Credit
Than the Testimony of Men.
Phllndelnhin InnnIrer-

Is there any reason to suppose that the
testimony of a woman is in the slightest
degree less worthy of credit than the testi-
mony of a man? We ask that seemingly
superfluous question because Chicago
Judge has recently produced something OF
sensation by granting a new trial In a case
before him upon the ground that the ver-
dict which it was sought TO set aside had
been based largely upon the testimony OF
women. He did not, in expressing this
surprising opinion, go so far as to charge
the fair sex with greater tendency to
mendacity than the sex whose testimony
he preferred, Indeed, he was good enough
to admit that women are undoubtedly upon
higher moral plane than men. :.
His objection TO the female witness was
based upon the theory that women are Of
more highly imaginative nature than men.
They are so ina ginative in the opinion OF
this judge that they are actually able to
deceive themselves with the creations OF
their own fancy. They don't utter willful
falsehoods. Perish the thought. But ac-
| cording TO the explanation OF the Chicago
jurist they exhibit chronic incapacity TO
disc rminate between things that they
lima gine and things that they really know.
They are. furthermore, he says, open TO
the criticism that when they have educated
themselves up to the point OF accepting as
true what at first they had only imagined,
they will maintain that mental attitude to
the end in spite OF all the contrary evidence
that can be brought to bear against it.
These are surprising charges and no less
grave than surprising. II they are to be ac-
cepted as true there Is no escape from the
conclusion that from at least one point OF
view, the point involved In the opinion of
this Chicago Judge. women are not entitled
to be regarded as responsible human
beings. The person who Is not able
| to distinguish between what Is fancy and
what Is fact Is a person whom 1t Is hardly
| safe TO allow to be at large. II cannot be
| admitted of sucha person that he or she is
| in the full possess ion OF his or her senses.
! To mistake illusions for realities is one Of
| the most constant and characteristic indi-
| cations of insanity, so that the statement of
the Chicago Judge is equivalent to an as
sertion thai women as body are what the
| lawyers call non compos mentis. We don't
believe that there will be any considerable
| or respectable body of assent to that prop
| osition.
| We should be inclined TO say that women
make at least as good witnesses as men, If
| not better, and that for several reasons
| They are naturally more observant, they
are apt TO have a better memory for details
and they are more conscientious about
stating in court what they believe to be
true. This Chicago Judge himself admits
that they are apon a higher moral plane
than men and II that doesn't mean among
| other things that they have more scrupu-
| lous regard for the truth the Chicago man
Is loose In his use OF language. or course
| there are women who cannot be trusted
upon their oath Just as there are men, but
1t may well be questioned whether upon
| the whole women are not the more truthful
| OF the two.
What has come over our judicial friends
lately? They have been making all sorts
OF bad breaks which have a tendency to
| impair the popular respect in which the
Judiciary should be held. The Judge cannot
be too careful what he says. His words
] are sure to be noted.