CHAPTER VII

EVIDENCE

After you have marshaled the facts you wish to prove, you must consider

the classes of evidence by which you wish to prove them.

In the first place there is the direct statement of the facts by

witnesses, or the opinions of those witnesses who are qualified to speak

as experts. Then there is circumstantial evidence, which consists of

inferences fairly drawn from facts; in other words reasoning about facts.

Thus if you wish to prove that cutting the forest off the northern part

of the lower peninsula of Michigan has lessened the rainfall in that

State, you could present three classes of testimony. You could bring

forward an old resident who had known Michigan when it was wooded and

when it was stripped of its timber; if from his own personal observation

he could testify that as the timber was cut off the rainfall had

diminished, that would be direct evidence of that fact. If you presented

the statements of a scientist who would testify that when lands were

stripped of their trees, there was less rainfall, his opinions would be

entitled to consideration as proof of the facts just in the proportion

that his observation and experience had been extended and at the same

time exact.

=Circumstantial Evidence.=—If the cutting of the forests in Minnesota

near the head waters of the Mississippi was under discussion, you might

present the testimony of a man who lived on the banks of that river

in Iowa, who had never seen Minnesota, but who could testify that the

volume of water in the river had decreased from year to year in certain

proportion. His testimony would be valuable as tending to establish

your position, if you could also show that the cutting of the timber in

Minnesota had proceeded in the same ratio as the decrease in the river’s

volume. It would then be a fair inference that the two facts were so

connected that one tended to prove the other.

The line, however, between direct and circumstantial evidence is very

faint—one imperceptibly glides into the other. Indeed some experts insist

that there is no such thing as direct evidence. They urge that all proof

consists of deductions which may be so closely related to the fact to be

established that a mere statement conclusively shows the causal relation.

On the other hand this relation can frequently be shown only by the most

delicate fitting together of all the links of circumstance. For example,

suppose the testimony of A is that he saw B point a gun at C, that the

gun was fired, that immediately C fell dead. His testimony would be,

therefore, that B shot C and you, if you were on the jury, would perhaps

feel justified in finding B guilty of murder—there would seem to be no

doubt about it. But after all, his testimony is not direct evidence—even

as simple and apparently as conclusive a statement as his might be

explained away. Suppose, for example, an autopsy showed that C had heart

disease and fell dead from that cause, and that the bullet penetrated

C’s arm only. What to the observer would seem like irrefutable proof

would be dissipated in a moment; it would be shown to be an unwarrantable

deduction from certain circumstances.

Remember, however, that the value of evidence is in this ratio: that

direct evidence of a witness who knows of his own knowledge and

observation in the particular case is more to be trusted than expert

evidence based on general observation, and that both are worth more than

that evidence which is the result of deduction and inference.

=Qualifications of Witnesses.=—In weighing the value of the testimony

offered to prove your facts—testimony is those statements of the witness

which make up his evidence—you must ask him certain questions. If he were

a witness in a law suit, the lawyers would bring out the points you must

determine by four questions. Following their example, you will first ask

“Is he honest or prejudiced?” In the conservation question considered,

you would ask whether he was the agent of a lumber company whose

statements would naturally be influenced by his selfish interest, or a

homesteader who, since his only use for land was for farming purposes,

would likely be as prejudiced the other way, or was he a banker or

merchant who served both classes equally, whose interest lay equally with

each party to the controversy?

You will next ask if his testimony is consistent with known facts. If he

testified that the absence of trees had nothing to do with rainfall and

had cited as proof of that alleged fact that there was a heavy rainfall

in Sahara where there were no trees, you could at once dismiss him as an

impossible witness because his statements as to Sahara were inconsistent

with the known facts.

You should then inquire under what circumstances were the statements

made: were they forced from him, were his relations such that he was a

voluntary and willing witness endeavoring to assist investigation and

find out the facts? If so, his testimony is probably valuable and worthy

of credence.

Then in the last place, if the statements are made as those of an expert,

the value of his testimony is in the exact ratio of his experience in the

particular field discussed. Here is the opportunity for a very common

error in argument. Frank in debating might have urged the opinion of

Professor A or Doctor B, and Jack in his reply urged confidently the

opinions of Judge C or General D as disposing of the evidence of Frank’s

witnesses. But they would simply offset one opinion with another unless

Jack could show that the judge and the general knew more about the

subject matter than the professor and the doctor. Character or standing

or position would avail nothing. In discussing conservation, for example,

the opinion of the most eminent professor in a theological school or

the greatest expert in _running electric cars_ would not be received in

questions of soil moisture or timber culture. It is not the standing of

the man generally; it is his knowledge of the subject discussed, which

makes his opinions acceptable as evidence. The evidence of a farmer or

hunter or trapper, although unable to read or write, might outweigh that

of the so-called expert.

=Generalizations.=—Next, in weighing circumstantial evidence, you will

observe that there are three common forms in which it appears. There is

first the generalization—very frequently the shape an expert’s opinion

takes. If he says that timber tracts are worth so many dollars an acre

as timber and so many dollars an acre as farms, his opinion is valuable

or not depending upon what the basis of his judgment is. If it develops

that he has observed many hundreds of such tracts of land, and that these

different tracts lay in many different places, you safely conclude that

his testimony, although a generalization, is sound because it is based

upon wide observation. If he has inspected but very few such tracts, you

conclude that his generalization is unsound, and worthless in helping you

prove the facts.

Do not hesitate to apply the probe to the qualifications of your

opponent’s expert, but be equally sure you establish the right of your

own witness to speak as such. For example, I remember a case where the

question involved was whether dehorning cattle was cruel within the

meaning of a statute forbidding cruelty to animals. One side brought

forward as expert professional witnesses certain surgeons eminent in

their profession. They testified that the horn of the cow contained just

under the hard bony shell a thin membranous structure, the extension of

the periosteum, which was very sensitive to pain. They testified that

they had known of cases where the shell of the horn had been removed

by accident and this membrane exposed, whereupon the animals had given

every manifestation of suffering excruciating pain. They argued from the

sensitiveness of the periosteum, through these few instances of accident,

to the deduction that dehorning cows, that is, sawing the horn off at

right angles to this membrane, must also be extremely painful and hence

cruel.

Opposed to these expert opinions of these surgeons based upon these few

cases, were the opinions of farmers who did not pretend to have the

scientific knowledge of the surgeons but who _had dehorned many cows_.

They testified that they had seen but slight evidences of pain, that the

animals had shown annoyance rather than distress, and had generally at

once gone to eating. The farmers had no titles or university degrees; the

experts had both, and supposedly in the very field of the debate—for that

was what it was, although in a court of law. The superior qualifications

of the plain unlettered farmers made their evidence of much greater value

as expert testimony than the deductions of the expert gentlemen from the

city.

Suppose you are discussing the adoption of a law prohibiting child labor.

You can quote with confidence the opinion of a social worker whose daily

duties keep her among operatives in mills. By her daily observation she

is in a position to know the evil effects of labor on immature bodies and

minds. So is the doctor or the teacher who sees these children daily. On

the other hand, the farmer, who, although honest in his deduction from

the results of his own labor, is not qualified because he himself worked

as a boy on a farm to speak understandingly of the effects of child labor

in mills or factories. He must confine his testimony to the effect of

child labor on the farm. Nor is the woman who knows nothing of labor on

farm or in factory qualified to speak at all, sentimentally aroused as

she may be, unless she can show observation of conditions herself or the

intelligent study of the well founded opinions of others.

=Cause and Effect.=—Then again there is in circumstantial evidence the

inference you draw from the relation of cause and effect. To use a very

familiar example: Suppose you pass a piece of ground where to your

knowledge there stood but a very few weeks before a heavy growth of

timber and observe that the trees are gone. If you see piles of freshly

sawed lumber, you can argue that the trees have been cut by man; if on

the other hand you see bent and torn trees, you can as surely reason

that a cyclone has visited that neighborhood. In each case you argue

from effect back to cause. This seems very simple, but is often a very

treacherous argument, for the alleged cause may be entirely inadequate or

may be so involved with other unrecognized causes that the deduction you

make is not warranted. You must examine the connection very carefully and

make sure that it is a CAUSAL relation and not a CASUAL one.

=Argument from Resemblance.=—Then there is the argument from resemblance,

which is simply another form of causal relationship. The argument, for

example, would run that conservation must surely be a good thing for

the United States because it was a good thing for New Zealand. That

conclusion is sound if the conditions in the two countries are the same,

but not otherwise; and it is upon this rock of difference in conditions

that arguments from resemblance so often split. Watch them. The same

rule may not apply to reforestration in Idaho as in Maine, for instance,

because conditions are dissimilar in many respects.

If you carefully study these forms of argument, and can estimate the

value of opinions and circumstantial evidence, you will not only be able

to build up a bomb proof argument of your own but you will be able to

detect fallacies in your opponent’s discussion. When you have mastered

the one branch of the case you are equipped to meet the other, for the

two are identical.

Debating for boys · 第 7 / 15 章