davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25

why try?
Don't you think" began severely. that
perjury on the witness stand is frequently
unntentional?"
''Undoubtedly''-
Goodness. What allied the man? 1 came
over TO explain psychology to him. prima-
riy, and, secCndariIy, il talk with him for
the paper, of course, and in another minute
he'd be talking psychology to me! With
at~beginning. 1 felt 1t in my bones!
THE memory often plays strange tricks. ="
he continued, dates, incidents, may be-
come confused. Are you familiar with
.Munsterberg's articles along that line?"
There! The murder was out; he, too,
knew all about Munsterberg. l utterly
lost my mental pOise.
"Not-not all of them" I stammereI.
II have read them as they appeared In
various magazines, and have found them
very interesting. But while cloudiness OF
memory, suggestion, inexactitude OF OBJ
servation or the personal point of view may
be the cause Of much inaecuracy on the
witness stand, and may slea- to what you
have termed unconscious perjury. yet
Inconsistencies certainly ceases when the
locus of the whole occurrence is changed.
For instance. not long ago, a man sued
the street railway company for injuries
sustained in falling off car. He stated
clearly that when he was about TO alight
from the car IL was violently started and
he was thrown of. being severely injured
He told the exact street where the accident
had taken place. and stated that he had
then. with great pain and difficulty, made
mis- way home from that place. across lots
a mile and half. He had been unable to
work since In consequence of the accident
His statements as to place. time and the
manner of the accident were perfectly clear
and distinct
yet disinterested witnesses for the rail-
read company. people who had been on the
car and seen the accident, all stated that
il had occurred forty-three blocks from the
street he had named and that IL had hap
pened before he got on the car. The car
had been In full motion when he had start
ed 10 run after it, II was too far away for
him 10 have over.alTen Il. While pursuing
IL he had stumbled and had fallen. hurting
himself badly. Thes co8aHGlpr haaS then
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25

One feature Of the Governors work.
which never has been called TO the atten-
ton OF the public will shO-- how carefully
he Iabored 20 improve the standard Of work
given to the state. Numerous state hos
pitfalls and schools and cha rftable tnstitI1-
tons depend largely for their administers
ton on boards Of managers. These man
ayers are appointed or named By the Cow
ernor and the nominations confirmed By
the Senate very largely as a matter OF
course. In ether years these nominations
had been suggested by the local legislators
or politicians There was no money at
stake in most cases. but there was more
or less honor or prestige In serving on the
board OF the local institution So. roughly
speaking. these nominations came 20 be a
part OF the political system
When the Governor took Office an investi-
cation Of this part Of his executive duties
showed that the boards hadn't been keep
ing the proper minutes, records Of attend
ence and the like. He sent out word IN
rather emphatic fashion that there must bs
speedy readjUstment IN that respect Proper
records must be kept and returns or the
meetings made to the executive chamber
There the returns are checked OF. and II a
member OF the board OF some institution
happened to be absent more frequently than
the law allowed from the required meet
ings his resignation was demanded This
happened many times. Meantime. as
terms expired. the Governor appointed men
and women with a deep interest IN this
kind of work. who could be depended on TO
attend to it. The state institutions began
TO show marked improvement in condition
as the new boards took hold OF the work
Repairs were made to buildings which had
needed attention sadly. economies were put
into practice. and a general tightening UP
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25
vcholoec Theories Won't Excuse Every Witness Stand LA

rung the bell, stopped the car. and taker
him aboard. He then rode on the car Il
the point he mentioned in his statement as
the spot where the accident occurred, but
which was forty-three blocks away from it
Here he got off and proceeded, as he had
said. across lots to his home.
Now, that was clear case of perjury.
There was no cloudiness of memory there,
no misconception. 1t was a plain misrep-
resentation for purposes of self-interest- l
Immediately had him sent TO jail for COM
hitting a felony-that is. perjury-before
the court He is serving sentence now.
well. I suppose even a psychologist
couldn't call that unintentiOnal perjury /
remarked. But don't you think witness
who really tried and wanted to tell the
truth might easily be led into fhisstate-
ments by fright or suggestion? You know
lawyers have tricky ways of asking ques-
tions?"
That may be true" Judge Dixie replied,
but you forget that the jury and the Judge
watch both witnesses and lawyers, and they
see ouch attempts on the part of the law
yers. sometimes even before the witness
does.
But. really. Judge Dixie. all juries aren' 7
intelligent" I insisted.
Even so, there remains the judge. N
the verdict handed down by the jury is
at variance with the evidence submitted
the Judge can set IL aside judge always
goes over all the evidence very carefully.
you know
I really couldn't retort by questioning the
intelligence of that final arbiter. the Judge
u Judge Dixie. least OF Also l harked
back TO my former position.
Il still believe" 1 said. that an inteli-
gent witness has a better chance in our
courts than. an ignorant one. Why. there
is many a man who isn't capable of stat
ing his own case favorably. even when he
has a good one.
I'm such cases., the judge replied, his
lawyer usually rehearses him beforehand,
sometimes To his undoing; for In the en-
deavor OF the witness 10 present only the
favorable side of his case he frequently
palpaby suppresses facts. which throws
discredit on his other statements The
Judge smiled. "Oh. undoubtedly" he con-
.tInued. rA1bere<aTa mistriaI sSut'e I'sthilk
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25
PATTERN FOR OTHER STATES.

That Law, passed despite corporate infiu-
ence and the efforts Of political bosses, i'm
mediately became the model for measures In
other states Almost precise duplicate OF
II was introduced in the New Jersey Legts-
iature II had hard time there, though
and not until last winter was anything
ike IL adopted In Connecticut, Massa-
chusetts, MARYLAND, California and other
states the Hughes law served as q model
for proposed laws but IL proved too drastic
for the notions of the legislatures in most
instances.
Telephone and telegraph companies were
omitted from the Jurisprudence of the pub
lie service commissions IN the original bill
on the theory that IN encountering the
oupositton of the transit and lighting cor
r,oratiors the measure had enough 20 HgnL
Tr, 1908 the Governor recommended the ex-
tension of the scope OF the law 20 include
.hosA interests Another fierce battle be-
tween big business and the peoples IN
rnrests as represented BY the Governor en-
s,,ed. The Governor defeated that year
returned TO the fray the next Defeated
then in a fashion which brought ferth no
little scandal. he TesubInitted the matter
70 the Legislature OF 1910. By that time the
telephone companies had completed re-
organization. with readtustnent of securi-
ties issues and tremendous increase OF
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25

} of very little value indeed.
When I had considered these questions
In all their bearings, until my mind was
in such snarl that 1 wouldn't have sworn
to my own name, either on or on the VIII
ness stand. I went over 20 Brooklyn 10 see
Judge Dixie. Here was a man who believed
in deliberate and Intentional perjury 10
the degree that he sent people 10 Jan
for it. In spite of the enlightenment OF
modern psychology, which proves-to the
ordinary lay reader, at least-that NOBODY
Ties" any more. but merely observes in
accurately or is congenitally unable to tell
the truth. he still chung TO the belief that
il was possible. on the witness stand OF
all places, TO speak the truth.
felt very combative! Even If he was
a Judge, l had a mission to perform
With a man like that on the bench what
grave n1iscarriages of justice must con-
tinually be going on? Something must
be done about it al once. With the ia
matte zeal of the convert. 1 yearned 10 show
the Judge the error Of his ways, so l sped
over to Brooklyn 10 see this unenlighteneG
individual
found him, just at noon, In judges
chambers, the county courthouse.
And I got my first shock!
I pride myself on my knowledge Of phys
ioenomy; at least I did pride myself on II
before I delved into the works of Mum
sterberg and his brethren, and learned
that no one but the psychologist has
right 10 pride himself on any knowledge
whatsoever.
But to speak very modestly indeed
fo,,nd that TO the casual eye Judge Dixie
does not look in the least barbarous or I'M
enlightened He has a clean cut face. well
balanced and judicial; possibly 1t is little
a,,etare but II is exceedingly intelligent
There IL a sense of humor indicated in
the mouth and eyes. too. However, know
ing the inaceuracy of observation, and be-
l,aving anyway that he might be merely
. raincarnation Of Roman senator, which
vcuId account beautifully for his aquiline
features and unmodern attitude toward the
truth. I began 10 probe for corroborative
a,,,dence OF my theories. Which theories?
on any Of them It's impossible consist
entity to be- definite on these matters, so
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25

the law and the constitution because there
was some doubt whether IL came within the
letter of the law. They set about IL TO
change the laws so there would be no
doubt
That finally was accomplished after much
As the laws stand now, book
making with or without writing" is Illegal
There Is no distinction IN the law as be-
tween betting inside and outside of race
track Moreover, directors or trustees OF
racing associations are TO be held liable
personally for public gambling at the
tracks. That provision seems TO be doing
the business
One of the most important features OF
the Governors administration has been his
insisteoce on the conservation of the state 8
resources. re has given much time and
thought to the working out of a proper
system for the development of the states
water power so il should bring revenue
to the state. Important bills on that sub
ject. which were drafted largely by him.
failed of passage at the last session OF the
Legislature because OF the opposition %
the water power interests
One thing the Governor did. Trough IN
that direction created precedent that can
never De set ASIDE For years II tAa' 49,
the habit of the Legislature 70 grant
charters to water power companies Win
no provision for compensation to the state
Therefore. when the ineOrpOrators or the
Long Sault Company. in which Assembly
man Merritt and the late Senator OMEN
were interested. came along seeking a
charter their bill made no provision 1oI
payment to the state for the water power
When the bill went down TO the Gov
ernor he promptly told Mr. Merritt and
Senator ONeii that he wouldn't sign II
that way. He entered into a series Of con-
ferences with them and engineers Al
those conferences a scale of payment fol
the power expected to be developed was
worked out-a progressive scale, makins
fair compensation TO the state. That was
incorporated in the bill, which was reintro-
duced It was passed and signed in that
form, and became the first measure on the
statute books OF New York State recognize
ing the right Of the state TO expect pay
meut for the grant Of permission TO de-
velop a water power.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25
SOME OTHER REFORMS.

The banking and insurance reform laws
passed IN the last three years felt the
Governors strong creative influence He
and his superintendent worked out
banking code and an insurance code which
are regarded as models in their fields An
other important law attributable directly
and wholly to the Governor is that one ger
hitting the Executive to investigate state
departments. not including those having
elective heads, either personally or through
commissioners of his appointing 1t was
under that law that the recent forestry in
vestigation with it's important disclosures
was made.
Under Governor Hughes the entire state
administration was put on a high plane.
He made it a point to put into Office men
OF the highest standing-men OF unques-
toned ability and integrity Political affil-
iatiOns had nothing TO do with his appoint
ments. That fact frequently spelled trouble
for him. For instance, II he hadn't APP
pointed Frederick C. Stevens to be Super
intendent of Public Works, Speaker Wads-
worth might not have fought his important
reforms so bitterly and the wadsworth IN
fiuence might not have been lent TO the
Governors political antagonists Stevens,
DC II hIlONus Was TIE CtIctiIJ VI tlIo w aus
worth clan in the western part of the state.
The Governor deemed him a high class
business man, of ability and integrity. the
man in a thousand to handle the big bust
ness problems of the barge canal construc-
ton.
Politics OF the ..a0anut' variety inter
vened to prevent "a Cook. of ST Law
renee University. nonn being made State
Highway Commissioner The Governor
got three high class men. though. in Percy
Hooker and Aessrs. Allen and Earl In
the two men holding the most important
places in the Governors Cabinet he showed
in striking fashion this quality of picking
high class men and getting them TO serve
the state Clark Williams. appointed Super
intendent OF Banks, and later State Con-
troIIer, and William H. Hotehkiss, Super
intendent of Insurance. are men whose rec
ords form an important part Of the Hughes
administration Both are men OF the
Hughes type. men of high ideals and great
ability. serving the state at considerable
personal sacrifice. Another man OF the
same tyre is Colonei William Cary Sanger,
named by the Governor on the State Com
mission in Lunacy. The members Of the
Public Service commissions are men dis
tinctIy outside the regular class of ''polit-
zeal officehOIders." Tho Governor didn't
parcel out those places as political pat
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25

they are less frequent than people i'm
agine After all. what the judge and the
fury really try 10 get at is the truth; and
when all the facts are sifted out II usually
appears. in spite of contradictory evidence.
due as il is either to wiIfuI misrepresenta-
ton or human inaccuracy. Intentional per-
Jury however. Is serious crime and
should receive severe punishment. IL
strikes at the roots of the whole judicial
system. Untold hardships may be inflicted
on innocent people in consequence
But, Judge Dixie" I interrupted again.
isn't It perfectly true that people may
tell absolutely different stories through
their mental prejudices? One may distorr
facts quite unconsciousIy because his
whole habit of mind may permit him 10
construe incidents and evidence In only
one way. II that were not so. il seems 70
me the need for courts, in civil cases AZ
least. would be done away with
This sweeping and naive assertion he re-
ceived without loss OF poise.
II should scarcely say that" he replied.
with an indulgent smile. which made ne
feel younger than I've had the pleasure OF
feeling for some time. ''Of course there
are wide and legitimate differences OF opin-
ion, but behind them are usually 70 be
found certain basic facts which are tndis-
putable II is the duty Of the court TO SIT
out these facts from the mass OF personal
opinion and prejudice and decide the case
on It's legal merits
Speaking of personal bias" he contin-
ued. thCughtfully. lit is quite conceivable
that II her son were accused OF a crime a
mother might easily exaggerate certain de-
tails or explain them 10 her sons advan-
tage. Perhaps dates become blurred and
exact facts hazy. She would be likely 20
see things from his point of view Her
natural maternal prejudice would incline
her 10 put forward all the facts favorable
10 him. to make them seem as favorable
as possible. and to suppress anything
,wh!eh WAS against him. Thai ~ q natural
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25
JUDGE Mormon s. Dixie, for One. Fferoef o"r0ug"
All fbe .Sopbisfry of feOury.

,-b,ch grew scarlet geraniums. was nor
raaIlI green: neither were the geraniuhis
scarlet-it was all a matter of the Incl
dent light"
r,,,o,t,,alIv. however, | recovered my
-. ard decided that. for all practical
,,,,-,oses light is light, and heat heat ana
tba green box green and the geranIoms
scarlet. science or no science
1a,,, M sooner co I-or yOu-settie GOWN
"a This comfortable conviction tnan aiohs
comes the psychologist and upseIs li I
whole apple cart again. and us serious
this tine, too $3.50 -,r,
ne nroves TO YOU and me. positveiy' SIM
NV and bevond peradventure, that our hVe
ssrses plav US false at every hour Oh th7
CAV. He leaves US no defences!
..Rut I saw heard We protest
~ this ue mean nothing definitely con-
elusive to nin. He listens 10 our prat~e'
smiles superciliously and says:
~ admit you think you saw it, but realiy
ven did not III prove il 10 YOU III was
AZ nlghtfali, you state the incident nap,
rsns6 ard yoe say the lady had on req
80 and q blue dress-you saw both coiofs
ss..,,c+lv Now. IL may have been posi-
.ln for YOU 10 have seen blue dress put
!, g fact in physical science that the
color red would not have been visible In
that light ..-.,- &c.. s,s
.-put." we assert cofnbativeiy' we Ola
hear 1880 mar
And then he proves TO US by some per-
81 OBVIOUS method that we didn't near
either.
,,rofe=s.r Hugo Mlnsteroerg In his ON
,,-.+,.ss stand tells II his experiments
~ class Of five hundred, college men
=. on whom he tried the simplest
d I.s.,,,s 10 test sight. observation.
', and memory. and got replies so
iie'' -, M variance with one another
80 rac,s that ehen in conclusion ne
ana a. .zbat value is the testimony
an. ...-oo. witness YOU are inclined
u a,,.,,. With him that IL 10 fEe9uentiy
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25

apitalization-score of millions OF dollars
They had had time to arrange their affairs
Anyhow, the opposition to the bill this
time wasn't serious enough to defeat it.
So the Governors scheme of state pro-
lection of the public against the corpora
lions was completed. The two commits
sions had jurisdiction over railroads. street
railroads. gas and electric lighting compa-
MES, express companies and telephone and
telegraph companies in matters of ser
vice and rates, and even supervision over
capitalization For the first time in the
history of the state there existed official
bodies to which citizen could go with
complaint that he wasn't getting a square
deal'' and be absolutely certain that his
case would be taken up on its merits and
that no corporation was big enough to
work political pull against his rights rs
a citizen
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25

The problem of perjury in the courts i
soinething the average man seldom stopS ~
consider seriously said County Judge
Norman :. Dixie, Of BROOKLYN. recently
The fudge has been rather severely CRU
tlseG in some quarters for the severity u
the sentences lie l.Bs imposed for perjury
Plate asked. what IS TRUTH pa query
ThiCa has il secn-s 10 me, become incIeS9-
hglv cigicu.; - answer Once truth ano
rs .s.esis fztscnco6. had comparatively
Eliu-,e. congpcn sense definitions h"u
eithsr saw G.ng cT you d-dn see II
g91 heard IL. CT lou didn't hear IL IN
thc-t, il VOC were 4 normal, acreage per
scn. 30 were slsDposeo 70 De sole 10 speaN
Tie trath regarding the everyday occur
Fences Of lie. common sense ard your nse
ssases a2y.5z Deea given you 20 equip you
to -@a- er6. 4 s-sa spoke falsely Il was
viii l=tsn ,io. 70 Gcceige. and there were
70 rs. aLes or bus ABOUT al apparently
nom Js6ga Dias's statemen: ana The atore-
naeotoned Criticisms, &c sIiH n'-o@ 70 i--a'
opinion.
soi INT IL not the most mooe4h Geo
VI. 10, Ec.eaoe and psychology nave O"l-
SisDped n 10 PROVE to yeu that yoa o0H
tee nor hear, nor feel what you thlnh yo-
1eeL sec and hear; that IN short your I'VE
SlAst- ~ which yod nave always feileo
VIA s-.- touching tai-h to keep yea "a
lie ll,l-- = truth and rectitGde and OCT OF
"a, a-c. - 2 motscr II fact, arrsnt mars
VI wL---. q is isot sa:e .'iace he slight
eel des.aa -a~-
s-9- rrsrr rc-gct the Shoes lfis you-h-
IL rl.. -a.ted when / cam face 40 face
@ilil --as.- II TIE nlosi ordinsrr ttcls II
'-r st-t Il physics. Why, tsofe vaidals
&c o. -e;iI4ls DIDN'T iea-e NE any world al
- iftt explained light, heat, sound, al
N4s a3.rsieal facts Of nay life. In terms OF
VAC iic--. Tacy even had the nerve TO tel
-' t-at ".oa .es Layc - c0fr u thei-
v a. b-i the color charges u.ta the nature
= ne inciJeat asE..@ In other words, the
s-e-S Lea AZ tie scho9!roon1 window. u
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25

virtually permitted professional gambling
within racetrack Enclosures by setting rae
ing associations and racetracks off in a
little exempt class. AS the Governor stat
ed the case, on one side OF a fence, outside
the racetrack, a man would be liable to
severe penalties for common gambling; III
side the racetrack fence he would be in a
privileged class. permitted by statute to
break or defy the spirit of the laws and
the declaration of the constitution. To
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25

aroused by the Governors fOrceful preSf n
tation of the way in which tie fInda-
mental law of the state had been deiied 10
grant special privileges on which gamblers
and their allies fourished in the name OF
sport that won his crusade.
The constitution OF the state OF New
York forbids poolselling, bookmaklng' lot
teries-professional gambling. IN word
Yet the racetrack interests in the Percy
GRAY law had obtained a statute which
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-09-25

sage In the Senate by a tie vote. There
was a. vacancy in the Senate, caused by
the death of Senator Franchot Governor
Hughes, the day the regular session OF
the LEGISLATURE adjourned. called an ex-
traordinary session and gave notice or a
speciaI election IN the Niagara Orleans
Senate district. The Republican nominee,
William Wallace, a clean young lowyer.
pledged himself to stand with the Governor
II elected. Thereupon the Governor prom
!sed to campaign the district for Wallace
In that he showed himself once more the
"people's Governor" by taking his case
direct to them. Incidentally. they acknowl-
edged that he was their Governor by CIV
ing Wallace their support in the teeth or
remarkable efforts to defeat him.
Little secret was made of the fact that
= big fund was available-'ra cetrack
money" II was called in the dtstrict-to
h.at Wallace. The factional difficulties
among the Republicans were infamed- The
PEOPLE there, farmers with a taste for
horsefesh in many instances, weren't too
keen to strike any blow against horse
racing Yet when they heard Governor
Hughes tell of the insidious combination
between politics and the raCetrack inter-
ests, and the attacks made by the holders
of this special privilege on the rights Of
the people outlined in the constitution. they
went to the polls by hundreds for Wallace
And the Governors measures were passed
at the extra session by Wallace's vote.