The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-03-20
THE BIBLE N COURT.
.'kfssinE the Book Is Almost ObsO-
Iete In English Courts


II is not generally known that kiss
ing the Testament is not absolutely
necessary TO the swearing Of q witness
IN q court Of justice. Thirteen years
ago Parliament sanctioned the intro
dUctiOn into this country Of the Scotch
form. which provides that a witness
may be sworn with uplifted hand. Al
though this form Of subscribing 70 the
oath was introduced for the purpose Of
overcoming the suEceptibilities Of per-
sons who believe that many infectious
diseases are spread Dy kissing the Tes-
tsments in use in our police courts it is
very seldom administered. As a mat
ter Of fact, the Scotch form Of oath
Is not very much in favor with judges
and magistrates. II is viewed with
suspicion because Of its non-sacred
character, and the opportunities Il af-
fords to persons who are not over
scrupulOus about telling the truth TO
commit perjury. 1t is a matter Of re-
greet that there Is already far too much
perjury in our courts Of law, and Ii
/ frequently happens that presiding
magistrates are reluctantly compelled
70 point out 10 witnesses the impress
siye nature Of an oath. Only the other
/ day Mr. Justice Phillimore severely
admonished a witness who was pune
Z tuating his replies to counsel by bang
I ing the Testament on the ledge pro-
I Vided in the witness box. His Lord
I ship informed the witness that the
/ book he was handling with little re-
/ spect was sacred, and Immediately
/ gave Instructions to the usher to re-
/ move II out Of the reach Of the man.
/ With regard to the suggestion that
/ those whose duty il is TO administer
! the oath might be instructed to ac-
/ quaint the witnesses that they may be
h -.
/ OF inquiries among London magistrates
! and police court officials does not af-
/ ford much encouragement to those re-
4 spOnslble for the idea. There are very
/ few exceptions TO the general chorus of
/ condemnation. Firstly, the proposed
new form Of oath is not so impressive
as that Of kissing the Testament and
| would be likely to encourage a. certain
/ class Of witnesses to lie with greater
| frequency than they do at present
Secondly, the mere fact Of informing
witnesses that they could be sworn
with uplifted hand IL they so desired
/ would result in so much waste of time
/ that the business of a busy police
I court would never be got through. At
/ Marlborough Street Police Court 1t is
! not at all unusual to find a charge list
| containing sixty or seventy different
/ Items. This means that two hundred
| persons are required to be sworn be-
| fore the end of the list is reached To
| inform each person separately that he
could choose between two forms OF
oath would mean a sitting of intermin-
able length.
Many magistrates clerks do not
deny that the kissing of the book has
become mere matter of form with
many persons. Others dodge the kiss
ing process by putting their thumb
to the lips, and quite a large section
OF the public always open the book to
a clean page and kiss the inside In
almost every police court magistrates
| are frequently issuing instructions to
those who are appointed to administer
| the oath with regard to the necessity
Of impressing upon witnesses the So
| lemnity of the occasion. 1t Is record
ed at one police court that an usher
while administering the oath, turned
round to a constable al the back Of
the court and shouted "Confound
| you, shut that door," At Marlborough
street the books are changed about
ever nine or twelve months and it
cannat be wonsSred at that persons
have good grounds for objection
against kissing the book when IL is
| known that a Testament is put to the
lips 10000 times before il is replaced.
| Persons protesting the Roman Catho-
lie faith are known to be exceedingly
particular on the question of being
sworn. 1t Is not uncommon for such
| witnesses TO absolutely refuse to kiss
! the Testament because the cover has
not the cross upon it. The swearing
of Chinaman in an English court OF
| law Is quite an event Very recently
! fifty Cinnamon put in an appearance
at Marlborough Street Police Court
| and before they could be sworn fifty
saueers had to be requisitioned from
| a neighboring china shop. As each
| Chinaman was put into the witness
box a saucer was given to him, and
the following oath administered: You
swear to speak the truth, the whole
truth. and nothing but the truth; and
IL you do not speak the truth your
sould will be cracked like that saucer"
Each witness was then required TO
! kneel on the floor and smash the sau-
| GER A difficulty arose when the first
| Chinaman came to break the saucer
Twice did he fling it to the ground
but the saucer refused TO break. The
magistrate (Mr. Fenwick) told the as
tonished Chinaman to expend little
more force, and at the third attempt
the saucer flew in little pieces about
the court. 1t was decided. in view of
the flying crCckery, not to swear the
remaining forty-nne. Now the
usher has laid by a stock of saucers
that are warranted to break at the
first encounter with the floor To car
ny ones own Testament to a court of
law is becoming quite common prac-
tice This plan is to be recommended
because of having to handle and kiss
a book that has been used by several
| thousand persons.
e-o-S