“Do You Swear...?"

Sun (Auckland), Volume II, Issue 544, 22 December 1928, Page 7

“Do You Swear...?"

Strange Oaths Heard In Dominion’s Courts BEHEADING A ROOSTER "Do you swear by Almighty God that the evidence you are about to give the Court in the case before the Court will be the truth, the whole truth, and nothing but the truth ?” “I do.” ttUCH is the simple formula used in *** the swearing of 999 out ot 1,000 witness giving evidence in New Zealand Courts. The I.oooth witness, however, gives Court officials more food for thought, and to those accustomed to making the oath with the right hand on the Bible, the customs of other races—other religions—must necessarily appear strange. The Chinese sometimes strain the official indulgence to breaking point with preferences for strange ceremonies to bind them down to the truth. The on** most generally in use is that of blowing out a match, the witness saying, usually through a sworn interpreter. “As I blow out the light, so my soul be for ever put in darkness if f do not tell the truth, the whole truth, and nothing but the truth.” Other Chinese formulae, provided for in the Courts, though rarely used, include the breaking of a saucer and the decapitation of a rooster. The Mohammedan makes his vow on the Koran and the Buddhist swears by the Vedas. Though officials are. of course, only too pleased to cater for any Oriental who may be at all punctilious in the manner in which his oath [ 1s taken, one might add that a mis- | sionary could not fail to be gratified j at the tremendous percentage of Christ tians among witnesses of unconverted | races.

Adherents of the Jewish faith always swear on the 13 books of the Pentateuch and wear their hats while making the declaration. This latter Semetic custom was once the cause of a young and enthusiastic Court orderly being covered in confusion —a sight rarely seen. As any visitor to the Courts is aware, the orderly’s main duty seems to be to pounce on any unwary person who ventures to put on his hat before he is quite out of the Court doorway. Quite often, at a sitting, a stentorian shout of “Take your hat off.” echoes round the room. The young and enthusiastic orderly, then, had practised this remark and was eagerly awaiting an opportunity to

make himself heard. It was during the hearing of a case in which several Jewish witnesses were appearing and the orderly, glancing up from a complacent inspection of his spotless but substantial boots, was amazed to see a man standing in the witness box with his hat on. A look of triumph flashed across hfs face, and then—“ Take your hat off!” he roared. (Sensation!) The Old Testament on which Jew's are sworn in the Auckland Police Court was presented to the presiding magistrate by Mr. David Nathan on July 3, 1863. Children under 12 are asked to promise that they will tell the truth, and witnesses who are known to have genuine scruples against the usual oath are allowed to make a solemn affirmation. Other oaths frequently used are the interpreters' oath and the formula used to swear witnesses at inquests. In the former the linguistic expert must swear to tell the truth to the Court in translating statements made to him by the witness. He must also promise to repeat accurately remarks made to the witness through him. At Inquests a witness swears “on behalf of our Sovereign Ford the King,” a coroner’s court conducting inquiries more particularly on behalf of the Crown.