Testimony

“ As a witness: "Never bear a testimony against any man without cause, unless what thou sayest thou knowest to be punctually true and thou hast a clear call to testify it. Never bear a false testimony against any one;" for it follows, " Deceive not with thy lips; deceive not the judge and jury, deceive not those whom thou conversest with, into an ill opinion of thy neighbour. When thou speakest of thy neighbour do not only speak that which is true, but take heed lest, in the manner of thy speaking, thou insinuate any thing that is otherwise and so shouldst deceive by innuendos or hyperboles." ”

“ Now I rate no man by his size, color, or position, but I appeal to you in looking at the testimony that has been produced here, on the different sides of the question, and judging it by its intrinsic worth, whether there is the slightest possible comparison between the witnesses on the part of the plaintiff, and those of the defendant, either in intelligence, memory, language, thought, or anything else. ”

“ In reality the testimony of expert witnesses is very good evidence. If it is given in plain and understandable English and the jury think the expert a clean-cut, sensible man, it is just what the jury want to learn. ”

“ The testimony of this witness has been given in her own words, in her answers to questions put on both sides. The cross-interrogatories were filed by distinguished counsel, having before them at the time the direct interrogatories to be put to the witness. It often happens, in the investigation of causes, that the capacity of the advocate has an influence upon our conclusions in respect to testimony. It is right, also, in this remarkable suit, that those who have been professionally connected with it, for or against the complainant, should be mentioned. ”

“ Whoever takes the trouble to study the faces of the jury during trial, comes to the conclusion that the speeches of the prosecution and defense are the most important things in the trial, that they absorb most of the attention of the jury, and that the question of guilt or innocence does not depend upon the number and weight of the testimony but upon the more or less skilful interpretation of it. ”

“ Direct evidence is testimony that is a statement of what the witness himself has seen, heard, or perceived by the evidence of any one of his own five senses, [A] which testimony is directly given by a witness, to lead to the facts in issue, that is, the facts required to be proved in order to make out or to constitute the criminal case, or the civil cause of action, sought to be established, according to some rule of Law. ”

“ When a cause is trying, witnesses, of all men, ought not to be silenced, for the issue of the cause depends on their testimony. Secondly, By the Spirit of God: "We are witnesses, competent ones, and whose testimony is sufficient before any human judicature." ”

“ The rule which should guide us in such cases is simple and obvious enough: that the aggregate testimony of our neighbours is subject to the same conditions as the testimony of any one of them. ”

“ While the Court, or Judge, determines the competency of the witness to testify as an expert, the weight to be accorded to his testimony is for the jury to decide. The testimony of an expert is to be weighed and tested like any other kind of evidence, and is to receive just such credit as the jury may think it entitled to. ”

“ The most effective testimony is that which is given with what the jury regard as the evidences of candor. It is a familiar fact that the surer a person is of anything, particularly among the laboring classes, the more loudly will he assert its truth. This is so well known to the jury as ordinarily constituted that unless testimony is given with positiveness it might as well not be given at all. ”

“ We have at the same time to bear in mind how much use we actually make of both; even our general rules—e.g., concerning false testimony,—bias, revertibility, special inclinations, etc.—and our doctrines concerning the composition and indirection of testimony, even our rules concerning the value of witnesses and confessions, all these depend upon induction and analogy. We pass by their use in every trial from case to case. A means so frequently and universally used must, however, be altogether reliable, or be handled with the greatest care. ”

“ If a witness is of that character you must throw his entire evidence to the winds, for it is tainted and the fountains of justice should not be tainted with such evidence, and a verdict should not be touched and corrupted with such testimony. You will take the evidence of these defendants as you would take that of any other man, and it is for you to say whether that evidence is true. ”

“ His business is that of a lawyer examining the testimony of witnesses by the rules of his profession, in order to ascertain whether, if they had thus testified on oath, in a court of justice, they would be entitled to credit and whether their narratives, as we now have them, would be received as ancient documents, coming from the proper custody. If so, then it is believed that every honest and impartial man will act consistently with that result, by receiving their testimony in all the extent of its import. ”

“ To those who regard the whole affair as imposture, an extremely interesting problem is presented for solution by the original documents, in which the depositions of witnesses are given—namely, how the fallaciousness of so much, and, to appearance, so good testimony on pure points of fact, is to be reconciled with any remaining value in testimony as the verifier of the great bulk of what we think we know. ”

“ Paragraph 21- The acceptance of testimony requires three experts who are familiar with the rules of valid and invalid witnesses and are careful that each testimony conforms with the other, as the Mishna says, “one must be careful with his words lest he learn to lie from them.” Anyone who accepts testimony and is not fit to judge, is as if he accepted false testimony. ”

“ A popular phrase used to denote the testimony given by an accomplice in the commission of a crime against the other accomplices on their trial, under an agreement or understanding with the prosecuting officer that the witness shall not be brought to trial for his part in the crime, in consideration of his aid to the State. ”

“ Every lawyer knows how lightly the evidence of a non-mi-recordo witness is esteemed. The testimony of false witnesses will not be uniform in its texture, but will be unequal, unnatural, and inconsistent. ”

“ Concerning himself, the judge must continually remember that his business is not to fit all testimony to the already furnished confession, allowing the evidence to serve as mere decoration to the latter, but that it is his business to establish his proof by means of the confession, and by means of the other evidence, independently. The legislators of contemporary civilization have started with the proper presupposition—that also false confessions are made,—and who of us has not heard such? ”

“ The testimony of yourself, madam, and of the distinguished persons present, one of whom can certainly certify whether a man is dead, and who first touched for embalming the still uninjured remains of the distinguished and gallant king, I deem amply sufficient testimony to satisty the requirements of state. ”

“ To be confronted at the trial by and to cross-examine the witnesses against him. Where the testimony of a witness for the prosecution has previously been taken down by question and answers in the presence of the accused or his counsel, the defense having had an opportunity to cross-examine the witness, the deposition of the latter may be read, upon satisfactory proof to the court that he is dead or insane, or cannot with due diligence be found in the islands. ”

“ The evidence to be considered consists of the testimony of living witnesses, the physical changes and indications at and above the island, and the maps and books produced by the complainant. In a controversy of this nature, where State pride is more or less involved, it is hardly to be expected that the witnesses would all agree in their testimony. ”

“ It is the duty of the court to determine the competency of evidence, and to decide all legal questions that arise in the progress of a trial, and consequently, when, assuming that all the testimony adduced by the one or the other party is true, it does or does not support his issue, its duty is to declare this clearly and directly. ”

“ If a relative or someone otherwise disqualified is found among those that intended to testify, their testimony is void even if they were not aware of each other. If all of the witnesses were valid- both those that intended to testify and those that did not but happened to see- and their testimony conforms, we would rule based on their testimony. ”

“ The testimony of two witnesses or the testimony of three witness will be required for a judgment. 16 If a lying witness gives false testimony against anyone, 17 then both of the men who have a dispute must stand in front of Yahweh, in front of the priests and the judges who will be in those days, 18 then the judges will make a diligent inquiry, and if they find that the witness is giving false testimony, and has perjured himself against his brother, 19 then you must do to him as he would have had done against his brother. And so you will remove wickedness from among you. ”

“ It is worthy of remark that witnesses of probity, in giving their testimony in courts respecting the same things, often differ from one another as to many circumstances, owing to their different capacities, positions, and the like. ”

“ I wish our counsel would inform us immediately what information and affidavits they require also send copies of affidavits made against us that require rebutting testimony.
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We feel that we have a right, and we claim it, to have a fair, full and impartial investigation, which, if allowed, we fully believe, will give a decision in our favor, and if not allowed, will prove ruinous to our association. ”

“ Here was testimony being taken which was to become the basis for decision by men who must depend wholly upon the report of what was said and done by the witnesses. The men examined were important, intelligent and very certainly as dependable as any who were called. ”

“ Whether a witness called to testify to any matter of opinion has such qualifications and knowledge as to make his testimony admissible is a preliminary question for the judge presiding at the trial, and his decision of it is conclusive, unless clearly shown to be erroneous in matter of law. ”

“ It is to confirm, or dissipate this, that nearly every man upon the ground—every woman as well—chafes at the absence of that witness, whose testimony is expected to restore the accused to his liberty, or consign him to the gallows tree. ”

“ If there be added to this a personal bias, or an incentive to color the testimony in the interest of the party calling the witness, to say nothing of downright perjury, its value is, of course, still more seriously impaired. ”

“ But if it is important that the accused should be convicted and sentenced and that, perhaps with a view to further developments, the testimony as it appears should be kept from some conspirators still at large, it is of vastly greater importance that the trial should be absolutely fair, not only in spirit but also in appearance. ”

“ But then a wise and upright judge, assured of the truth of the evidence in the main, and of the integrity of the individual, will not suffer unessential, apparent inconsistencies to stifle and bury the body of testimony at large, but will either extract from the witness what may account for them, or show them to be immaterial. ”

“ The result will be that his testimony, especially in matters in which he is compelled by the court to testify, will be hesitating, restrained, unequal, and unnatural. He will be served at every turn by a most convenient memory which will enable him to forget many important and to remember many unimportant facts and circumstances. He will betray a painful hesitancy in the matter of committing himself upon any particular point upon which he has not been already drilled. ”

“ Being lawless from the beginning, no legal restraint makes the presence of witnesses necessary.... He certainly thought of an honest, lawful trial, in the legal form; an honest and legal examination of witnesses, a fair consideration of the testimony, and after mature reflection the rejection thereof on account of insufficiency” (Martyrdom of Jesus, pp. 69, 70) . ”

“ I shall afterwards remark upon this, because I think it pregnant with importance as to the witness’s testimony, for I think he was not there at all. With the experience which you have had in courts of justice, some of you may have felt astonished that my learned friend did not proceed further into the cross-examination of this witness. Every art has its own difficulties, and my learned friend never shewed more consummate skill in his art than when he refrained from further cross-examination of this witness. ”

“ We do not want to shut them off from stating anything in their minds. And so far as I am concerned, I believe your honor correctly instructed the jury that what I have stated to the court and the jury that is our theory of the case. We are prepared to back it up by the evidence and by the evidence to the jury. The jury, we believe, is an intelligent body of citizens that know the difference between testimony taken from the witnesses, and oratorical flights of the judge and myself. ”