JURISTS AS WITNESSES

Hawera & Normanby Star, Volume XLII, Issue 7401, 1 March 1902, Page 3

JURISTS AS WITNESSES

All who have heard a "running down" case tried in Court know how widely the accounts given of the collision even by the most impartial witnesses differ. A practical demonstration of the unreliability of the evidence even of unprejudiced eyewitnesses was obtained the other day by Dr. von Liszt, a Berlin professor of criminal law, upon an audience of jurists* including a district judge, to whom he was lecturing on Tarde. At the close of the lecture the professor hurriedly left the platform with the excuse that he had a pressing engagement, and could not stop to answer questions. Before he reached the door a member of the audience asked in a loud voice what were Tarde's relations to Christianity. "A nice question to ask," a second gentleman observed in insulting accents. "Hold your tongue!" retorted the first speaker, to which the second replied, "What disgusting- vulgarity!" The first speaker rose in a fury, threw himself on his opponent, seized him by the throat, and threatened him with a revolver. The audience became greatly excited. The tumult which followed was £ brought to a close by the voice of Dr. von Liszt, exclaiming: "Gentlemen, you have all . seen the struggle which has just taken place. We will proceed at once, •if you please, to record the" evidence in the case." .Dr. von Liszt, with the aid of- two assistants, had arranged beforehand the details of the exciting scene, which was to the audience a sensational surprise. A few witnesses were examined on the spot, and the others in the course of the next few days. The result was astounding. Only one Avitness (and he^ was not the judge) was able to give a correct account of the quarrel; the other accounts were full of errors, some of a gross character. Some of the witnesses, for instance, had observed I not a revolver, but a stick, and were prepared to testify on oath to the correctness of their observation. And these were experts in evidence! Dr. von Liszt suggests a series of similar experiments to enrich the experience of judgment of jurists concerning the evidence on which they are required to pronounce a decision.