t consider is the possibility of prejudice on the part of
the witness. Has he any reason to feel more favorably toward one side
than toward the other? Is the defendant his friend or relative or
employer? A final consideration is what is commonly called "interest
in the case." It is clear that if the witness will be benefited by a
certain verdict, he may be inclined to frame his evidence in such a
way that it will tend toward that verdict. All these considerations
are based on the rule of referring to experience. What a judge really
says in a charge to the jury is this: "Does your experience warn you
that the testimony of some of these witnesses is unsound? Determine
upon that basis in what respects these witnesses have told the whole
truth and in what respects they have not."
To summarize: The issues of a proposition are proved by being
supported with evidence. Since evidence is the material with which we
build the connection between the issues and the experience of the
audience, that evidence will be best which will receive the quickest
and strongest support from the experience of the hearers.[3]
SUGGESTED EXERCISES
1. In the following extract from a speech of Burke, the famous debater
has asserted that it is undesirable to use force upon the American
colonies. State the four main reasons why he thinks so. Under each
principal reason, put the reasons or evidence with which it is
supported. Is this evidence convincing? Why, or why not?
First, Sir, permit me to observe that the use of force alone is but
temporary. It may subdue for a moment, but it does not remove the
necessity of subduing again; and a nation is not governed which is
perpetually to be conquered.
My next objection is its uncertainty. Terror is not always the
effect of force, and an armament is not a victory. If you do not
succeed, you are without resource; for, conciliation failing, force
remains; but, force failing, no further hope of reconciliation is
left. Power and authority are sometimes bought by kindness; but they
can never be begged as alms by an impoverished and defeated
violence.
A further objection to force is that you impair the object by your
very endeavor to preserve it. The thing you fought for is not the
thing which you recover; but depreciated, sunk, wasted, and consumed
in the contest. Nothing less will content me than whole America. I
do not choose to consume i
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