Evening star., 1902-02-22
KISSES ON THE BIBLE
A CUSTOM THAT IS PASSING IN
ENGLISH COURTS.
Placing Ones Lips to the Testament q
..ist
Mere Matter Of Form With
Most Witnesses.

From the London Telegraph
1t Is not generally known that kissing
the Testament is not absolutely necessary
to the swearing Of a witness in a court of
Justice Thirteen years 'ago parliament
sanctioned the introduction into this coun-
try of the Scotch form. which provides that
a witness may be sworn with uplifted hand
Although this form of subscribing to the
oath was introduced fort the purpose of
overcoming the susceptibilities of persons
who believe that many infectious diseases
are spread by kissing the Testament in use
in our police courts it Is very seldom ad-
ministered.- AS matter Of fact, the Scotch
form of oath Is not very much in favor
with judges and magistrates. 1t is viewed
with suspicion because of the non-sacred
character. and the opportunities it affords
to persons who are not. Overscrupulous
about telling the truth to commit perjury.
Extent of Perjury.
1t is matter Of regret that there Is al
ready far too much perjury in our courts Of
law, and it frequently happens that pre-
siding magistrates are reluctantly COM
PEELED to point out to witnesses the i'm
pressive nature of an OATH, Only the other
day Mr.. Justice Phillimore severely ad
monished witness who was punctuating
his replies to counsel by banging the Tes-
lament on the ledge provided in the wit
ness box. His lordship informed the wit
ness that the book he was handling with
little respect was sacred and Immediately
gave instructions to the usher to remove
it out Of the reach of the man.
With regard to the suggestion that those
whose duty it is to administer the oath
might be instructed to acquaint the wit
nesses that they may be, sworn with up
lifted hand, the result of inquiries among
London magistrates and police court OFF,
cials does not afford much encouragement
to those responsible 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 encouraged. 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 uplfted hand if they
so desired would result in SO much waste
of time that the business of busy police
court would never be got through.
Kiss Clean Page.
Many magistrates clerks do not deny
that the kissing of the book has become a
mere matter of form with many persons.
Others dodge the kissing process by putting
their thumb to the lips and quite a large
section Of the public always. open the book
almost every police court ma gistrates are
frequently issuing Instructions to those who
are appointed to administer, the oath with
regard to the necessity of, ippressing upon
witnesses the solemnity of the occasion. 1t
is recorded at one police court that an ush-
er, while administering the oath. turned
round to a constable at the back of the
court and shouted. "Gonfos1nd YOU shut
that door," AT Marlborough street the
books are changed every nine or twelve
months. and it cannot be wondered at that
persons have good groands5for objection
against kissing the book when it is known
that Testament is put. to 1.-The lips 10000
times before it is replaced.
Swearing Chinese.
The swearing Of Ghinaman In an En-
glish court of law is quit teean event Very
recently fifty Chinamerns put IN an appear
ance at Marlborough street police court,
and before they could be sworn fifty sau-
GERS had to be requsitioned from a neigh
boring china shop. AS each Chinaman was
put into the witness box a saucer was given
tc him, and the following oath adminis-
tered: You swear to speak the truth
the whole truth and nothing but the truth;
and II you do not, speak the truth your
soul will be cracked like that saucer" Each
witness was then required to kneel ON the
floor and smash the saucer. 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 astonished Chinaman to expend q 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 crock
cry, not to swear the remaining forty-nine.
Now the usher has laid by stock of sau-
GERS that are warranted to break at the
nrst encounter with the floor.