Omaha daily bee., 1901-02-18
WONAN'S REGARD FOR TRUTH
Judge Waterman Of Chicago Raise, sn
Interesting Question.
He GOES ON RECORD AGAINST FtsIslsl1Y
judges of the Local Courts. in N~nri,
Every Instance. Gniinntly Rally
TO Defense of womnn's
Nerarity.

Is woman less truthful than man Is
she more likely to be swayed by prejudice
Is she more apt to fancy true that which
she would like 20 have true? In which IS
the sense Of imagination the more fully
deyeloped-man or woman In short is u
possible for woman to tell the truth. the
whole truth and nothing but the truth?
These are questions which lawyers in
omaha aud all parts of the United States
have been discussing since Judge Waterman
OF Chicago expressed the opinion that women
are not reliable witnesses and the victims OF
imag ginatiou.
Judge Waterman had the temerity 20
give expression to these Views in granting
a new trial in a case which hinged on the
testimony OF two women.
Mrs. Elizabeth Smith brought action
against Karl Eitel to recover damages on
account Of his failure TO purchase a certain
amount OF securities in accordance with an
alleged contract. Eitel denied the contract
and introduced a written document TO sup
port his testimony. Two women witnesses
swore that such a contract was made De-
cisicn was given In favor Of the plaintiff,
but the judge granted new trial
The reasons for his action were summed
The decision was based largely upon
the testimony Of women. The evidence Of
one written document Is OF more weight
than the oral testimony OF dozen Wit
nesses. particularly where women are con-
cerncd as witnesses. Though women are
undoubtedly upon a higher moral plane
than men, they are not az reliable upon
the witness stand. II seems that women
are OF a more imaginative nature, and,
though Il is no doubt unintentlonal. they
| come to believe as true what they az first
| only imagined aud maintain their belief In
| spite OF all argument against it,"
Relative 10 the question which has
arisen from Judge Waterman's decision the
| local judiciary and several representative
women OF Omaha have expressed opinions
as follows:
Mrs George w Hoobier--I see no reason
why women are not as good witnesses as
men. In fact, think they are more apt TO
tell the truth. They are less given TO dodg-
| ing questions which they do not care 10
answer. Women the world over are more
| pious than men. They are free from many
OF the sharp practices which men learn In
| the business world. Only last week hap
| pered 10 hear testimony in a case which
was being tried in an Omaha court. man
and his wife testified in the case. The
mans memory failed him on points which
the attorneys we're very anxious to invesu-
gate. II was almost impossible to get him
to tell anything. When the wife was put
on the stand she told in straightforward
way all that she knew about the matter.
short time ego had my first experience on
the witness stand and can readily under
stand why people become confused on the
stand. The questioning OF skillful lawyers
| 10 m mako nervous. Women
are Of a more highly strung nervous tenn
permanent than men and 1t may be contended
that they are more excitsble. However,
| believe that the average man gets excited
when lawyers fire questions at him. have
great faith in the judgment and piety OF
woma nklnd. II were 10 be tried for some
great crime should prefer to have my fate
entrusted 10 a jury OF six women and six
men than TO one made up entirely OF men.
In my opinion, IL is unfair 10 say that men
are better witnesses than women. 1t is a
sex discrimination which cannot be sup
ported with reason,
Nothing Wrong with women.
Mrs. Campbell Fair-Although ] have
never had any experience in court and do
not know what sort OF witnesses women
make | see no reason why their testimony
should be any less reliable than that OF
men. Women are as truthful as men. They
are better Judges OF human nature, and
have always noticed that they arrive at
conclusions more rapidly and with as great
accuracy as men.
Rakes Judge Fore and ATT
Miss Mary Farbrother-A man who gave
such a charge to jury has neither judi
cial nor legal mind. He evidently judges
the sex by one woman he thinks he knows
There are women and men OF the sort he
describes-it is not a matter OF sex, but oi
mentality, and the fact that all OF the
schemes for perpetual motion have been
evolved by men would lead one to think tha
the faculty OF seeing things as you wish TO
see regardless OF facts, is a masculine quail
ity TO a greater degree than 1t is feminine
II the Judge knows his business, really
he would know that when evidence is ad
mitted and the witness unimpeached. II
must be taken as given and considered by
the fury even n the witness is a lunatic
The time to establish the witness compe
teucy is before, or at the time the testi'
mony is offered, not after It has been &C
cepted. Opinions are not evidence, and a:
facts are and facts alone, 1t does not mat
ter about opinions except when one Is ar
expert The Judge certainly got thing
slightly MIXED aud supposed the court wa
a session OF the Philosophical society.
Has No Opinion 10 oner.
Judge c. 7. Dckinson-The veracity o
women as witnesses is a question that do
not care 10 discuss.
Champion of women.
Judge Jacob Fawcett-When the testi
, mony OF a woman conflicts with that OF |
; man / will give preference TO the woman
word excepting where a woms II gives evi
dence IN a case In which her husbandl
good name, liberty or life Is involved. 4
wife will go a great deal further from th
truth to protect a husband than a husband
will go TO protect wife. Women some
, times testify falsely while under straii
OF excitement but this is unintentional oi
their pavt and when II occurs in my cour
l always take pains TO straighien cut tn
sto-y OF the excited witness. Frequentl,
women do not understand business and lsga
parlance. and not wanting 10 betray thei
Ignorance, they answer questions that the
do not understand and in that way they ge
into court records With false statements
, Summing UP the whole question. | will sa
that women are more truthful than mel
not only In court, but in every day life.
, women Arc Extremists.