A rumor that Salisbury got up the
plot is absolutely worthless; a rumor that he forged a particular
instrument would be worth examining, because it might have proceeded
from some one who had seen him do it.[19]
While it is rare to find a man of whom it may justly be said that there
is no partition between his memory and his imagination, yet there are
few of us who can be sure of facts in past matters which touch our
feelings. We cannot help to some degree reconstructing events as they
fade away into the past: we forget those parts of an event which did not
at the time sharply touch our imagination, and those which did move us
take on an overshadowing importance. Therefore the further away the
events which the evidence is to reconstruct, the more care we must take
to scrutinize it to see if there are signs of bias.
To test the value of direct evidence, therefore, as to single and simple
facts, consider whether the evidence comes from a specifically named
source, whether there is any likelihood that the witness may have been
honestly deceived in his observation, whether he had a good opportunity
to know the facts and a sufficient knowledge of the subject about which
he is giving evidence, and, finally, whether he was reasonably free from
bias in the matter.
Pages:
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159