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Freeman, R. Austin (Richard Austin), 1862-1943

"The Vanishing Man"

That is what makes them
such bad witnesses in a court of law. The scientific outlook is
radically different from the legal. The man of science relies on his own
knowledge and observation and judgment, and disregards testimony. A man
comes to you and tells you he is blind in one eye. Do you accept his
statement? Not in the least. You proceed to test his eyesight with some
infernal apparatus of coloured glasses, and you find that he can see
perfectly well with both eyes. Then you decide that he is not blind in
one eye; that is to say, you reject his testimony in favour of facts of
your own ascertaining."
"But surely that is the rational method of coming to a conclusion?"
"In science, no doubt. Not in law. A court of law must decide according
to the evidence which is before it; and that evidence is of the nature
of sworn testimony. If a witness is prepared to swear that black is
white, and no evidence to the contrary is offered, the evidence before
the Court is that black is white, and the Court must decide accordingly.


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