Then he goes on: "If you believe any witness has wilfully testified
falsely as to a material fact, you may disregard that witness's whole
testimony." Of course, is that not the reason for their being there?
Why, the judge in the beginning made them swear to decide the case
"according to the evidence." The jury is going to do exactly that.
They are going to decide which side is lying and which side is telling
the truth. They are not quite so stupid as not to know that. There
seems no need in insulting them by telling them that they need not
believe a witness unless they want to. Why are they there?
The judge tells them that the function of the jury is to decide the
facts and for him to decide the law. That is fortunate, for they could
not understand the law, even if they wanted to; it is a silly business
and it is not common sense. What the jury feels is that the judge's
charge is leaving it to them without any trouble about the law. But
wait a moment, the judge is going on to tell them about the law as
applied to the particular facts before them.
The important principle of law they are being told is what is known as
the preponderance of evidence and the burden of proof.
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