CHAPTER VIII. WITNESSES.

 It is a great point in every good system of laws to determine exactly the credibility of witnesses and the proofs of guilt¹ Every reasonable man—that is, every man with a certain connection between his ideas and with feelings like those of other men—is capable of bearing witness. The true measure of his credibility is only the interest he has in speaking or in not speaking the truth; so that nothing can be more frivolous² than to reject the evidence of women on the pretext³ of their feebleness, nothing more childish than to apply the results of real death to civil death as regards the testimony⁴ of the condemned⁵, nothing more unmeaning than to insist on the mark of infamy⁶ in the infamous⁷ when they have no interest in lying.

 

Among other abuses of grammar, which have no slight influence on human affairs, that one is notable which makes the evidence of a condemned criminal null and void. ‘He is dead civilly’ say gravely the peripatetic⁸ lawyers, ‘and a dead man is incapable⁹ of any action.’ In support of this silly metaphor¹⁰ many[139] victims have been sacrificed, and it has very often been disputed with all seriousness whether the truth should not yield to judicial¹¹ formulas. Provided that the testimony of a condemned criminal does not go to the extent of stopping the course of justice, why should not a fitting period be allowed, even after condemnation¹², both to the extreme wretchedness of the criminal and to the interests of truth, so that, by his adducing fresh matter to alter the complexion¹³ of the fact, he may justify¹⁴ himself or others in a new trial? Forms and ceremonies are necessary in the administration of justice, because they leave nothing to the free will of the administrator¹⁵; because they give the people an idea of a justice which is not tumultuary and self-interested, but steadfast¹⁶ and regular; and because men, the slaves of habit and imitation, are more influenced by their feelings than by arguments. But such forms can never without fatal danger be so firmly fixed¹⁷ by the laws as to be injurious to truth, which from being either too simple or two complex needs some external pomp to conciliate the ignorant populace.

 

The credibility, therefore, of a witness must diminish in proportion to the hatred¹⁸, friendship, or close connection between himself and the accused. More than one witness is necessary, because, so long as one affirms and another denies, nothing is proved, and the right which everyone has of being held innocent prevails.[140] The credibility of a witness becomes appreciably¹⁹ less, the greater the atrocity²⁰ of the crime imputed,[66] or the improbability of the circumstances, as in charges of magic and gratuitously²¹ cruel actions. It is more likely, as regards the former accusation²², that many men should lie than that such an accusation should be true, because it is easier for many men to be united in an ignorant mistake or in persecuting²³ hatred than for one man to exercise a power which God either has not conferred or has taken away from every created being. The same reasoning holds good also of the second accusation, for man is only cruel in proportion to his interest to be so, to his hatred or[141] to his fear. Properly speaking, there is no superfluous²⁴ feeling in human nature, every feeling being always in strict accordance with the impressions made upon the senses. In the same way the credibility of a witness may sometimes be lessened²⁵ by the fact of his being a member of some secret society, whose purposes and principles are either not well understood or differ from those of general acceptance; for such a man has not only his own passions but those of others besides.

 

Lastly, a witness’s evidence is almost null when spoken words are construed²⁶ into a crime. For the tone, the gesture, all that precedes or follows the different ideas attached by men to the same words, so alter and modify a man’s utterances²⁷, that it is almost impossible to repeat them exactly as they were spoken. Moreover, actions of a violent and unusual character, such as real crimes are, leave their traces in the numberless circumstances and effects that flow from them; and of such actions the greater the number of the circumstances adduced in proof, the more numerous are the chances for the accused to clear himself. But words only remain in the memory of their hearers, and memory is for the most part unfaithful and often deceitful. It is on that account ever so much more easy to fix a calumny²⁸ upon a man’s words than upon his actions.

1 guilt   

n.犯罪；内疚；过失，罪责

参考例句：

• She tried to cover up her guilt by lying.她企图用谎言掩饰自己的罪行。
• Don't lay a guilt trip on your child about schoolwork.别因为功课责备孩子而使他觉得很内疚。

2 frivolous   

adj.轻薄的；轻率的

参考例句：

• This is a frivolous way of attacking the problem.这是一种轻率敷衍的处理问题的方式。
• He spent a lot of his money on frivolous things.他在一些无聊的事上花了好多钱。

3 pretext   

n.借口，托词

参考例句：

• He used his headache as a pretext for not going to school.他借口头疼而不去上学。
• He didn't attend that meeting under the pretext of sickness.他以生病为借口，没参加那个会议。

4 testimony   

n.证词；见证，证明

参考例句：

• The testimony given by him is dubious.他所作的证据是可疑的。
• He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。

5 condemned   

adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词

参考例句：

• He condemned the hypocrisy of those politicians who do one thing and say another. 他谴责了那些说一套做一套的政客的虚伪。
• The policy has been condemned as a regressive step. 这项政策被认为是一种倒退而受到谴责。

6 infamy   

n.声名狼藉，出丑，恶行

参考例句：

• They may grant you power,honour,and riches but afflict you with servitude,infamy,and poverty.他们可以给你权力、荣誉和财富，但却用奴役、耻辱和贫穷来折磨你。
• Traitors are held in infamy.叛徒为人所不齿。

7 infamous   

adj.声名狼藉的，臭名昭著的，邪恶的

参考例句：

• He was infamous for his anti-feminist attitudes.他因反对女性主义而声名狼藉。
• I was shocked by her infamous behaviour.她的无耻行径令我震惊。

8 peripatetic   

adj.漫游的，逍遥派的，巡回的

参考例句：

• Her father was in the army and the family led a peripatetic existence.她父亲是军人，所以全家人随军过着一种流动的生活。
• Peripatetic music teachers visit the school regularly.兼职音乐教师定期到校授课。

9 incapable   

adj.无能力的，不能做某事的

参考例句：

• He would be incapable of committing such a cruel deed.他不会做出这么残忍的事。
• Computers are incapable of creative thought.计算机不会创造性地思维。

10 metaphor   

n.隐喻，暗喻

参考例句：

• Using metaphor,we say that computers have senses and a memory.打个比方，我们可以说计算机有感觉和记忆力。
• In poetry the rose is often a metaphor for love.玫瑰在诗中通常作为爱的象征。

11 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

12 condemnation   

n.谴责; 定罪

参考例句：

• There was widespread condemnation of the invasion. 那次侵略遭到了人们普遍的谴责。
• The jury's condemnation was a shock to the suspect. 陪审团宣告有罪使嫌疑犯大为震惊。

13 complexion   

n.肤色；情况，局面；气质，性格

参考例句：

• Red does not suit with her complexion.红色与她的肤色不协调。
• Her resignation puts a different complexion on things.她一辞职局面就全变了。

14 justify   

vt.证明…正当(或有理)，为…辩护

参考例句：

• He tried to justify his absence with lame excuses.他想用站不住脚的借口为自己的缺席辩解。
• Can you justify your rude behavior to me?你能向我证明你的粗野行为是有道理的吗？

15 administrator   

n.经营管理者，行政官员

参考例句：

• The role of administrator absorbed much of Ben's energy.行政职务耗掉本很多精力。
• He has proved himself capable as administrator.他表现出管理才能。

16 steadfast   

adj.固定的，不变的，不动摇的；忠实的；坚贞不移的

参考例句：

• Her steadfast belief never left her for one moment.她坚定的信仰从未动摇过。
• He succeeded in his studies by dint of steadfast application.由于坚持不懈的努力他获得了学业上的成功。

17 fixed   

adj.固定的，不变的，准备好的；(计算机)固定的

参考例句：

• Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗？
• Once the aim is fixed,we should not change it arbitrarily.目标一旦确定，我们就不应该随意改变。

18 hatred   

n.憎恶，憎恨，仇恨

参考例句：

• He looked at me with hatred in his eyes.他以憎恨的眼光望着我。
• The old man was seized with burning hatred for the fascists.老人对法西斯主义者充满了仇恨。

19 appreciably   

adv.相当大地

参考例句：

• The index adds appreciably to the usefulness of the book. 索引明显地增加了这本书的实用价值。
• Otherwise the daily mean is perturbed appreciably by the lunar constituents. 否则，日平均值就会明显地受到太阳分潮的干扰。

20 atrocity   

n.残暴，暴行

参考例句：

• These people are guilty of acts of great atrocity.这些人犯有令人发指的暴行。
• I am shocked by the atrocity of this man's crimes.这个人行凶手段残忍狠毒使我震惊。

21 gratuitously   

平白

参考例句：

• They rebuild their houses for them gratuitously when they are ruined. 如果他们的房屋要坍了，就会有人替他们重盖，不要工资。 来自互联网
• He insulted us gratuitously. 他在毫无理由的情况下侮辱了我们。 来自互联网

22 accusation   

n.控告，指责，谴责

参考例句：

• I was furious at his making such an accusation.我对他的这种责备非常气愤。
• She knew that no one would believe her accusation.她知道没人会相信她的指控。

23 persecuting   

（尤指宗教或政治信仰的）迫害(~sb. for sth.)( persecute的现在分词 )； 烦扰，困扰或骚扰某人

参考例句：

• This endurance made old Earnshaw furious, when he discovered his son persecuting the poor, fatherless child, as he called him. 当老恩萧发现他的儿子这样虐待他所谓的可怜的孤儿时，这种逆来顺受使老恩萧冒火了。
• He is possessed with the idea that someone is persecuting him. 他老是觉得有人要害他。

24 superfluous   

adj.过多的，过剩的，多余的

参考例句：

• She fined away superfluous matter in the design. 她删去了这图案中多余的东西。
• That request seemed superfluous when I wrote it.我这样写的时候觉得这个请求似乎是多此一举。

25 lessened   

减少的，减弱的

参考例句：

• Listening to the speech through an interpreter lessened its impact somewhat. 演讲辞通过翻译的嘴说出来，多少削弱了演讲的力量。
• The flight to suburbia lessened the number of middle-class families living within the city. 随着迁往郊外的风行，住在城内的中产家庭减少了。

26 construed   

v.解释（陈述、行为等）( construe的过去式和过去分词 )；翻译，作句法分析

参考例句：

• He considered how the remark was to be construed. 他考虑这话该如何理解。
• They construed her silence as meaning that she agreed. 他们把她的沉默解释为表示赞同。 来自《简明英汉词典》

27 utterances   

n.发声( utterance的名词复数 )；说话方式；语调；言论

参考例句：

• John Maynard Keynes used somewhat gnomic utterances in his General Theory. 约翰·梅纳德·凯恩斯在其《通论》中用了许多精辟言辞。 来自辞典例句
• Elsewhere, particularly in his more public utterances, Hawthorne speaks very differently. 在别的地方，特别是在比较公开的谈话里，霍桑讲的话则完全不同。 来自辞典例句

28 calumny   

n.诽谤，污蔑，中伤

参考例句：

• Calumny is answered best with silence.沉默可以止谤。
• Calumny require no proof.诽谤无需证据。