There was no denying this statement of facts: but I could not help exclaiming,—"Surely there is nothing certain in the universe; or rather, truth is one thing in the moon, and another thing on the earth."
CHAPTER XIV.
Farther account of Okalbia—The Field of Roses—Curious superstition concerning that flower—The pleasures of smell traced to association, by a Glonglim philosopher.
Though I felt some reluctance to abuse the patience of this polite and intelligent magistrate, I could not help making some inquiry about the jurisprudence of his country, and first, what was their system of punishment.
"We have no capital punishment," says he; "for, from all we learn, it is not more efficacious in preventing crime, than other punishments which are milder; and we prefer making the example to offenders a lasting one. But we endeavour to prevent offences, not so much by punishment as by education; and the few crimes committed among us, bring certain censure on those who have the early instruction of the criminal. Murders are very rare with us; thefts and robbery perhaps still more so. Our ordinary disputes about property, are commonly settled by arbitration, where, as well as in court, each party is permitted to state his case, to examine what witnesses and to ask what questions he pleases."
"You do not," said I, "examine witnesses who are interested?"
"Why not? The judges even examine the parties themselves."
I then told him that the smallest direct interest in the issue of the controversy, disqualified a witness with us, from the strong bias it created to misrepresent facts, and even to misconceive them.
He replied with a smile,—"It seems to me that your extreme fear of hearing falsehood, must often prevent you from ascertaining the truth. It is true, that wherever the interest of a witness is involved, it has an immediate tendency to make him misstate facts: but so would personal ill-will—so would his sympathies—so would any strong feeling. What, then, is your course in these cases?"
I told him that these objections applied to the credibility, and not to the competency, of witnesses, which distinctions of the lawyers I endeavoured to explain to him.