Page:The Green Bag (1889–1914), Volume 16.pdf/432

 An Experiment in Evidence.

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AN EXPERIMENT IN EVIDENCE. Br WADDILL CATCHINGS. A K experiment carried through recently by the Kent Law Club of the Harvard Law School, throws a rather startling light upon the accuracy of human testimony. Four members of the club were told to be on the steps of Austin Hall at one-thirty on Tues day, February ninth, and to watch what happened between two other members of the club, Chalmers and MacGuire. They were told that they were to be witnesses in a jury trial to be held later, and they were put on their mettle to report accurately what occurred. One of the witnesses was sup posed to be a friend of Chalmers, another a friend of MacGuire, the other two were to be disinterested onlookers. The events which were to occur were carefully rehearsed by Chalmers and MacGuire. At a little before two o'clock on February ninth, Chalmers and MacGuire met on the steps. After a few moments of general con versation, they came to a disagreement. MacGuire, who stood directly in front of Chalmers, swore at .him under his breath, and at the same time turned away toward the right. Chalmers reached forward, grabbed MacGuire by the left shoulder as he turned away and asked, "What was that you said?'' He grabbed him rather severely, and Mac Guire. thinking that he had been struck, turned and attempted to strike Chalmers. His arm was caught by a bystander, Рое. Gialmers did not realize that Рое had caught MacGuire's arm and struck out sharply. In taking hold of MacGuire, Рое had pulled him around to the right again. Consequently Chalmers' blow landed on MacGuire's left arm just below the shoulder. MacGuire was then lead into the Law School building by Poe. Poe immediately came out again and re monstrated with Gialmers for having hit

MacGuire, while he was being held, and in a few moments when MacGuire himself came out, Chalmers started to apologize. He said, "I am sorry I hit you. I thought that you were going to hit me yourself." MacGuire replied, "You not only hit me while Poe was holding me, but you hit me in the back. You are a coward/' When Chalmers became angry at this, MacGuire said that, although he had a good case against him for assault and battery, they would settle the matter then and there. Before any blows had been delivered, how ever, the two were separated. Chalmers sued MacGuire for slander in the use of the words, "You hit me in the back." MacGuire entered a general denial and also a plea of truth. The trial was held on February twentyfifth, a little more than two weeks after the occurrence. On the afternoon of the occur rence all of the witnesses were examined by counsel so that their ideas were crystalized while they were fresh in their minds. The first witness testified that he had heard the words "You hit me in the back." As to the encounter, he stated that the parties were standing face to face: that MacGuire rushed forward and hit Chalmers—and then sprang back; that Chalmers then stepped forward and delivered a "swinging" blow—hitting MacGuire on the front of the body, a little to the left of the middle of the chest. He saw Chalmers touch MacGuire only this one time. As *to the presence and position of Poe, the witness had no distinct recollection. He remembered that Poe took hold of Mac Guire and led him off, but he did not know exactly what had occurred between the time when Chalmers hit MacGuire and when Poe started away with MacGuire. The second witness, who was a friend of