Hearsay

“ Hearsay evidence is inadmissible because the person quoted was unsworn and is not before the court for examination; yet most momentous actions, military, political, commercial and of every other kind, are daily undertaken on hearsay evidence. There is no religion in the world that has any other basis than hearsay evidence. Revelation is hearsay evidence; that the Scriptures are the word of God we have only the testimony of men long dead whose identity is not clearly established and who are not known to have been sworn in any sense. ”

“ What you have been afraid to intimate about our morals I will not stoop to notice, except to make my particular personal request to every brother and husband present not to give you back what such impudence deserves. You talk of things you have on hearsay since your coming among us. I'll talk of hearsay then—the hearsay that you are discontented, and will go home, because we cannot make it worth your while to stay. What it would satisfy you to get out of us I think it would be hard to tell ”

“ An account of an extraordinary occurrence given by an honest witness is, of course, generally preferable to a statement of the same occurrence merely obtained from hearsay; and the evidence of the witness deserves all the greater attention if he shows himself to be an intelligent and keen observer. ”

“ In nearly all civilized countries an affirmation is now permitted to those who object to take an oath or upon whose conscience an oath is not binding. (See Affidavit; Oath.)
An exceptional position in law is accorded to a Dying or Deathbed Declaration. As a general rule, hearsay evidence is excluded on a criminal charge, but where the charge is one of homicide it is the practice to admit dying declarations of the deceased with respect to the cause of his death. ”

“ King. But why can you not swear? for an oath is a common thing amongst men to any engagement.
R. H. Yes, it is manifest, and we have seen it by experience; and it is so common amongst men to swear, and engage either for, or against things, that there is no regard taken to them, nor fear of an oath; that therefore which we speak of in the truth of our hearts, is more than what they swear.
King. But can you not promise before the Lord, which is the substance of the oath?
R. H. Yes, what we do affirm, we can promise before the Lord, and take him to our witness in it ”

“ Of those promises made to our brethren, to which God was a Witness, he being appealed to concerning our sincerity; these must be performed to the Lord, with an eye to him, and for his sake: for to him, by ratifying the promises with an oath, we have made ourselves debtors; and if we break a promise so ratified, we have not lied unto men only, but unto God.
II. It is here added, that the commandment does not only forbid false swearing, but all rash, unnecessary swearing: Swear not at all, v. 34; Compare Jam. v. 12. Not that all swearing is sinful ”

“ Nor should I omit to mention, what I trust may be considered as a change belonging to religious feeling--viz., that conversation is now conducted without that accompaniment of those absurd and unmeaning oaths which were once considered an essential embellishment of polite discourse. I distinctly recollect an elderly gentleman, when describing the opinion of a refined and polished female upon a particular point, putting into her mouth an unmistakable round oath as the natural language in which people's sentiments and opinions would be ordinarily conveyed. ”

“ Thomas
"When the sense of the party swearing, and of the party to whom he swears, is not the same, if this proceeds from the deceit of the former, the oath ought to be kept according to the right sense of the party to whom it is made. But if the party swearing does not make use of deceit, then he is bound according to his own sense."
St. Isidore
"With whatever artifice of words a man swears, nevertheless God who is the witness of his conscience, so takes the oath as he understands it, to whom it is sworn. ”

“ The proof of Hearing and Seeing is the saying of God that He is a Hearer and Seer. And know that the connection of Hearing and Seeing in relation to originated things is an eternal, potential connection before the existence of these, and after their existence it is a temporal, accomplished connection. That is, after their existence, they are revealed to God by His Hearing and Seeing besides the revealing of His Knowledge. ”

“ At first and for a few minutes I felt it doubtful whether the unpleasant influence of this aggravated peculiarity would not prevent his words of exhortation from having salutary effect upon the minds of the listening assembly. But as his words seemed to flow and warm with increasing unction, little by little they cleared up from that nasal cadence and rounded into more oral enunciation. Little by little they strengthened with the power of truth, and the truth made them free and flowing. ”

“ May the quickening power of thy Spirit rest upon them, and their words be like fire, sinking deep into the minds of their hearers. May their testimony be as the sea that is broken up, roaring and rolling with no rest, until the voice that spake as never man spake shall say, Peace, be still!—when all the honest in heart shall have listened to the whisperings of the Spirit of our God and learned the way of life and salvation. Bless all the families of thine absent servants. ”

“ To direct, as well the Preachers as the hearers, not only to teach the truth, but also to bring a word of exhortation alwayes, that is, to apply it to the use of the truth which they deliver, and then the hearers, to come unto Sermons, not as being greedy of novelty or speculation, but being prepared before hand and ready to receive exhortations and admonitions, and to turne them into practise. ”

“ Our hearing is defective and arbitrary when it judges the source and direction of sound, and in listening to the talk of other people "words which are not heard will be supplied by the witness in all good faith. ”

“ Our people hear some great orators as they witness a play. The delight of taste, even intellectual gratification, caused by what is well said, is one thing. Conviction is quite another. The printing-press and the reporter, the consultation in the jury-room, the reflection in the Judge's chamber, the delay of the election to a day long after the speech, are protections against the mischief of mere oratory, which the ancients did not enjoy.
I heard a debate in the House of Commons in 1860, on the paper duties, in which Lord John Russell, Palmerston, Gladstone, and John Bright took part. ”

“ This note of preparation is calling the people together. Their ear is open to listen. In every place this hearing is bringing faith in its train; men are turning to God; intensity is given to those silent cases of conviction where for months or years there has been concern ebbing and flowing with circumstances. ”

“ But God has supported me beyond my most sanguine expectation. And although they say much before they hear, yet when they do hear they seem confounded.
“‘The evidence is so clear, the testimony is so strong, that we live on the eve of the present dispensation, toward the dawn of the glorious day, that I wonder why ministers and people do not wake up and trim their lamps. Yes, my brother, [100] almost two years since you heard the news, “Behold, the bridegroom cometh!”—and yet you cry, A little more sleep, a little more slumber. Blame not your people if they go to sleep under your preaching. ”

“ At distant intervals the shadow of some one entering softly through the door would obscure, for a moment, the band of light, and an aged crone, or a little boy, or some gentle presence that the listening confessor had known only by the voice for many years, would kneel a few moments beside his waiting ear, in prayer for blessing and in review of those slips and errors which prove us all akin. ”

“ A thousand voices of those without have loudly called to those within, and asked their questions as to the eternal ‘Where?’ But they have received no answer, only the hollow echo of their own question, as if they had shouted into an empty vault. ”

“ A speech in fact may often conclude with a dissonance, which the hearer has first to resolve as judge, and only then is able to act agreeably with such a verdict. Just as, for example, the oratory of the pulpit starts from the point of the unconverted soul, and in the result makes the hearer pass judgment over his own self and his soul's condition. ”

“ We have all witnessed this in conversation; when we have listened with interest to long harangues from persons, who tire us at once if they begin to read. It is verified at the bar, and in the legislature, where orators maintain the unflagging attention of hearers for a long period, when they could not have read the same speech without producing intolerable fatigue. It is equally verified in the history of the pulpit; for those who are accustomed to the reading of sermons, are for the most part impatient even of able discourses, when they extend beyond the half hour’s length ”

“ The heads, also, and hearts of most hearers are to the Word as the sieve is to water; they can hold no sermons, remember no texts, bring home no proofs, produce none of the sermon to the edification and profit of others. And do not the best take up too much in hearing, and mind too little what, by the Word, God calls for at their hands, to perform it with a good conscience? ”

“ To our prayers for his concurring testimony with the word of life, we must add a watchfulness over our own tempers, lest we should be involved in the charge of preventing the bestowal of the blessing which we solicit, by grieving the Agent on whose will it depends. ”

“ Another preacher, of a different persuasion, more remarkable for drowsy hearers, finding himself in a like unpleasant situation with his auditory, or rather dormitory, suddenly stopped in his discourse, and, addressing himself in a whispering tone to a number of noisy children in the gallery, said, "Silence! silence! children; if you keep up such a noise, you will waken all the old folks below." ”

“ Louder than I can shout to my congregation, louder than my conscience can shout to me, a voice continually gives me the lie.” He threw out his arm with a gesture that suggested a torrent flinging aside a dam. “I preach the goodness of God, and I never make a tour among the poor of my parish that I do not doubt it. ”

“ And is there a topic in the whole compass of oratory, is there an argument amidst all the stores of reason, so admirably calculated to touch the finest movements of the soul? to strike all the inmost springs of action, with the most persuasive, the most commanding energy?— Would we alarm the supine, or intimidate the presumptuous? we may call them to behold God’s own Son weltering in blood. ”

“ There is eloquence displayed in the examination of witnesses as well as on the argument. "There is matter in manner." I do not mean to advocate that exaggerated manner one often meets with, which divides the attention of your hearers between yourself and your question, which often diverts the attention of the jury from the point you are trying to make and centres it upon your own idiosyncrasies of manner and speech. ”

“ Only a touch—is it not like the touch of faith? But we must not forget that when the message has reached its destination, when these waves of sound talk across the world, the ear at the other end must be prepared to hear the call.
There is the hearing of faith, as well as the touch of faith. The hearing means not only listening, but being willing to obey the voice. I have been told that when a message is to be sent by wireless telephone, the other waves of sound must be quite still before the person receiving the message can hear it. ”

“ To the Master we must go, after all, even for our methods of utterance, and at His feet learn that oratory is the utterance of the truth by one who knows it to be the truth. And so will your words be words of fire, and your speech have weight among your fellow men. ”

“ If he to whom I speak does not hear whom I call, does not show himself firmly, he will be called to account. I will not be called to account for the sake of truthful speech and the raising of the Jōkabar-Zīwā. ”

“ I called again and again in my impatient and irritated state of consciousness. Finally central answered saying, “What number, please?” It was a new voice on my wire; a voice that was filled with friendly feeling and good fellowship; one that unconsciously made union with the universal harmony and so felt only the “good” in everything, that all my irritation, annoyance and sarcasm at once disappeared and I replied in a voice which was new to me so filled with harmony were its tones, “You called me?” ”

“ He makes the witness stand within a circle drawn on the ground, and makes him repeat the formula "Before God and the elders assembled, with the sky above and the earth beneath, I will state only the truth." ”

“ Like a secret atmosphere, it surrounds and bathes his spirit as he goes on with the external work. And have not you too, my friends, an Auditor—it may be a "great cloud of witnesses,"—but at least one all-glorious Witness and Listener ever present, ever watchful, as the discourse of life proceeds? ”

“ There is a flippant hearing which, while it listens, laughs Him to scorn. There is a cheap hearing which will venture nothing on His counsel. And there is the hearing of faith, which simply “takes Him at His word,” and in the glorious venture experiences the unsealing of the fountain of eternal life. ”

“ We are in a position where the hearer, consciously or unconsciously, braces himself against the pressure of the speaker’s arguments. And of all difficult positions in which advocate or orator was ever placed, the most difficult is that of encountering the honest antipathies of his hearers. ”

“ You will say that it might have been the voice of an Asiatic—of an African. Neither Asiatics nor Africans abound in Paris; but, without denying the inference, I will just now merely call your attention to three points which have relation to this topic. The voice is termed by one witness ‘harsh rather than shrill.’ It is represented by two others to have been ‘quick and unequal.’ No words—no sounds resembling words—were by any witness mentioned as distinguishable. ”