so, in order to save the people whom
they have injured, and their neighbours generally, the great loss and
annoyance unavoidably attending upon a summons to our courts. In the
native courts, to which ours succeed, the truth was seen through
immediately, the judges who presided could commonly distinguish truth
from falsehood in the evidence before them, almost as well as the
sylvan gods who sat in the pipal- or cotton-trees; though they were
seldom supposed by the people to be quite so just in their decisions.
When we take possession of such countries, they, for a time at least,
give us credit for the same sagacity, with a little more integrity.
The prisoner knows that his neighbours expect him to tell the truth
to save them trouble, and will detest him if he does not; he supposes
that we shall have the sense to find out the truth whether he tells
it or not, and then humanity to visit his crime with the punishment
it merits, and no more.

The magistrate asks the prisoner what made him steal; and the
prisoner enters at once into an explanation of the circumstances
which reduced him to the necessity of doing so, and offers to bring
witnesses to prove them; but never dreams of offering to bring
witnesses to prove that he did not steal, if he really had done so;
because the general feeling would be in favour of his doing the one,
and against his doing the other. Tavernier gives an amusing sketch of
Amir Jumla presiding in a court of justice, during a visit he paid
him in the kingdom of Golconda, in the year 1648. (See Book I, Part
II, chap. 11.)[9]

I asked a native law officer, who called on me one day, what he
thought would be the effect of an Act to dispense with oaths on the
Koran and Ganges water, and substitute a solemn declaration made in
the name of God, and under the same penal liabilities, as if the
Koran or Ganges water had been in the deponent's hand. 'I have
practised In the courts thirty years, sir,' said he, 'and during that
time I have found only three kinds of witnesses--two of whom would,
by such an Act, be left precisely where they were, while the third
would be released by it from a very salutary check.' 'And, pray, what
are the three classes into which you divide the witnesses in our
courts?'

'First, sir, are those who will always tell the truth, whether they
are required to state what they know in the form of an oath or not.'
'Do you think this a large class?'

'Yes, I think it is; and I have fo