d so forth. 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.
Whenever you use direct evidence, however, it must be direct. To assert
that "every one knows that secret societies in a certain school have led
to immoral practices," is not direct evidence, nor to declare that "the
best authorities in the city are agreed that the company should lay
double tracks on a certain street." Such assertions are apt to be the
most roundabout sort of hearsay. Try cross-examining the next man you
hear make this kind of sweeping assertion, in order to see what he
really knows of the facts, and you will soon find how recklessly such
assertions are made. You constantly hear grave statements of facts whose
ultimate basis is the imagination of some enterprising newspaper
reporter; yet careful and truthful people pass them on as if they were
indubitable.
The news columns of the papers are largely written by young fellows just
out of high school, who will declare the whole gospel on subjects with
which they have a half hour's acquaintance, yet most people never
question their statements. The printed page, whether of a hook, a
magazine, or a newspaper, casts a spell on our judgment. Such floating
assertions, with no one to father th
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