Shall everything be allowed in and a photographic picture of numerous
details be given to the court? If that is the correct idea, a general
knowledge and atmosphere may be derived from all the surrounding
circumstances and then there would be no objections. If the strict
interpretation of the law be followed limiting evidence to only what
is seen and heard, objections are proper and sensible.
The modern tendency is to do away with all restrictions of the past.
There has been too great severity in interpreting the law of proof and
the pendulum is bound to swing far in the opposite direction. A medium
may not easily be reached, and the only test is the common sense of
the average.
On the question of time and whether the abolishing objections and
letting in all evidence would not be shorter, there is much to be
said. It might take less time for the witness to recount the death-bed
scene of his wife's sister's brother-in-law's aunt, than for the court
to hear and pass upon all the objections and arguments as to the
admission of the testimony on the red cow.
As the jury listen to the objections and exceptions they become more
and more impatient. The restraining influence of the surroundings, the
fact that they are impaneled in a box and that they are a part of, the
drama keeps them silent.
Pages:
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139