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hat are all the more dangerous because there is rarely later opportunity to recognize their badness。
As often as any new matter is discussed with a witness； it is necessary； before all； to find out his general knowledge of it； what he considers it to be； and what ideas he connects with it。 If you judge that he knows nothing about it and appraise his questions and conclusions accordingly； you will at least not go wrong in the matter； and all in all attain your end most swiftly。
At the same time it is necessary to proceed as slowly as possible。 It is Carus＇1＇ who points out that a scholar ought not to be shown any object unless he can not discover it or its like for himself。 Each power must have developed before it can be used。 Difficult as this procedure generally is； it is necessary in the teaching of children； and is there successful。 It is a form of education by examples。 The child is taught to assimilate to its past experience the new fact； e。 g。： in a comparison of some keen suffering of the child with that it made an animal suffer。 Such parallels rarely fail； whether in the education of children or of witnesses。 The lengthy description of an event in which； e。 g。； somebody is manhandled； may become quite different if the witness is brought to recall his own experience。 At first he speaks of the event as perhaps a ‘‘splendid joke；'' but as soon as he is brought to speak of a similar situation of his own； and the two stories are set side by side； his description alters。 This exemplification may be varied in many directions and is always useful。 It is applicable even to accused； inasmuch as the performer himself begins to understand his deed； when it can be attached to his fully familiar inner life。
The greatest skill in this matter may be exercised in the case of the jury。 Connect the present new facts with similar ones they already know and so make the matter intelligible to them。 The difficulty here； is again the fact that the jury is composed of strangers and twelve in number。 Finding instances familiar to them all and familiar in such wise that they may easily link them with the case under consideration； is a rare event。 If it does happen the success is both significant and happy。
It is not； however； sufficient to seek out a familiar case analogous to that under consideration。 The analogy should be discovered for each event； each motive； each opinion； each reaction； each appearance； if people are to understand and follow the case。 Ideas； like
＇1＇ Carus： Psychologie。 Leipzig 1823。
men； have an ancestry； and a knowledge of the ancestors leads to a discovery of the cousins。
Section 7。 （e） Egoism。
It is possible that the inner character of egoism shall be as profoundly potent in legal matters as in the daily life。 Goethe has experienced its effect with unparalleled keenness。 ‘‘Let me tell you something；'' he writes （Conversations with Eckermann。 Vol。 1）。 ‘‘All periods considered regressive or transitional are subjective。 Conversely all progressive periods look outward。 The whole of contemporary civilization is reactionary； because subjective。。。。 The thing of importance is everywhere the individual who is trying to show off his lordliness。 Nowhere is any mentionable effort to be found that subordinates itself through love of the whole。''
These unmistakable terms contain a ‘‘discovery'' that is applicable to our days even better than to Goethe's。 _It is characteristic of our time that each man has an exaggerated interest in himself_。 Consequently； he is concerned only with himself or with his immediate environment； he understands only what he already knows and feels； and he works only where he can attain some personal advantage。 It is hence to be concluded that we may proceed with certainty only when we count on this exaggerated egoism and use it as a prime factor。 The most insignificant little things attest this。 A man who gets a printed directory will look his own name up； though he knows it is there； and contemplate it with pleasure； he does the same with the photograph of a group of which his worthy self is one of the immortalized。 If personal qualities are under discussion； he is happy； when he can say；‘‘Now I am by nature so。'' If foreign cities are under discussion； he tells stories of his native city； or of cities that he has visited； and concerning things that can interest only him who has been there。 Everyone makes an effort to bring something of his personal status to bear；either the conditions of his life； or matters concerning only him。 If anybody announces that he has had a good time； he means without exception； absolutely without exception； that he has had an opportunity to push his ‘‘I'' very forcefully into the foreground。
Lazarus＇1＇ has rightly given this human quality historical significance： ‘‘Pericles owed a considerable part of his political dictatorate to the circumstance of knowing practically all Athenian citizens by name。 Hannibal； Wallenstein； Napoleon I； infected
＇1＇ M。 Lazarus： Das Leben der Seele。 Berlin 1856。
their armies； thanks to ambition； with more courage than could the deepest love of arms； country and freedom； just through knowing and calling by name the individual soldiers。''
Daily we get small examples of this egoism。 The most disgusting and boresome witness； who is perhaps angry at having been dragged so far from his work； can be rendered valuable and useful through the initial show of a little _*personal_ interest； of some comprehension of his affairs； and of some consideration； wherever possible； of his views and efficiency。 Moreover； men judge their fellows according to their comprehension of their own particular professions。 The story of the peasant's sneer at a physician； ‘‘But what can he know when he does not even know how to sow oats？'' is more than a story； and is true of others besides illiterate boors。 Such an attitude recurs very frequently； particularly among people of engrossing trades that require much time；e。 g。； among soldiers； horsemen； sailors； hunters； etc。 If it is not possible to understand these human vanities and to deal with these people as one of the trade； it is wise at least to suggest such understanding； to show interest in their affairs and to let them believe that really you think it needful for everybody to know how to saddle a horse correctly； or to distinguish the German bird…dog from the English setter at a thousand paces。 What is aimed at is not personal respect for the judge； but for the judge's function； which the witness identifies with the judge's person。 If he has such respect； he will find it worth the trouble to help us out； to think carefully and to assist in the difficult conclusion of the case。 There is an astonishing difference between the contribution of a sulking and contrary witness and of one who has become interested and pleased by the affair。 Not only quantity； but truth and reliability of testimony； are immensely greater in the latter case。
Besides； the antecedent self…love goes so far that it may become very important in the examination of the accused。 Not that a trap is to be set for him； merely that since it is our business to get at the truth； we ought to proceed in such pr