"We have no capital punishment," says he; "for, from all we learn, it is
not more efficacious in preventing crime, than other punishments which
are milder; and we prefer making the example to offenders a lasting one.
But we endeavour to prevent offences, not so much by punishment as by
education; and the few crimes committed among us, bring certain censure
on those who have the early instruction of the criminal. Murders are
very rare with us; thefts and robbery perhaps still more so. Our
ordinary disputes about property, are commonly settled by arbitration,
where, as well as in court, each party is permitted to state his case,
to examine what witnesses and to ask what questions he pleases."
"You do not," said I, "examine witnesses who are interested?"
"Why not? The judges even examine the parties themselves."
I then told him that the smallest direct interest in the issue of the
controversy, disqualified a witness with us, from the strong bias it
created to misrepresent facts, and even to misconceive them.
He replied with a smile,--"It seems to me that your extreme fear of
hearing falsehood, must often prevent you from ascertaining the truth.
It is true, that wherever the interest of a witness is involved, it has
an immediate tendency to make him misstate facts: but so would personal
ill-will--so would his sympathies--so would any strong feeling.
Pages:
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170