recognize that the world has no place for idlers and that life on God's
earth must be earned by labor, is without conscience. No conscientious
testimony need be expected from such. Among the few
rules without exception which in the course of long experience
the criminalist may make, this is one--that _the real tramps of both
sexes and all walks of life will never testify conscientiously;--hic
niger est, hunc Tu, Romane, caveto_.


Section 5. (c) The Correctness of Testimony.


The training of the witness into a _*capacity_ for truth-telling must
be based, (1) on the judge's knowledge of all the conditions that
affect, negatively, correct observations and reproductions; (2)
on his making clear to himself whether and which conditions are
operative in the case in question; and (3) on his aiming to eliminate
this negative influence from the witness. The last is in many cases
difficult, but not impossible. That mistakes have been made is
generally soon noted, but then, ``being called and being chosen''
are two things; and similarly, the discovery of _*what_ is correct and
the substitution of the essential observations for the opinionative
ones, is always the most difficult of the judge's tasks.

When the witness is both unwilling to tell the truth and unable
to do so, the business of training may be approached from a few
common view-points. Patience with the witness is perhaps the