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3 Ill.L.R. 399 (1908-1909)
Professor Muensterberg and the Psychology of Testimony

handle is hein.journals/illlr3 and id is 325 raw text is: ILLINOIS LAW REVIEW Volume III February, I9O9 Number 7 PROFESSOR MUENSTERBERG AND THE PSYCHOLOGY OF TESTIMONY BEING A REPORT OF THE CASE OF COKESTONE V. MUBNSTERBnRG By JOHN H. WIGMORE1 On the first day of April (that is, ad kalendas Graecas), of 1909, there took place at Windyville, (Illiana) an interesting trial, the full report of which is now first published. The action was for libel. The plaintiffs were Edward Cokestone and others (styling themselves duly licensed members of the bar of the Supreme Court). The defendant was Hugo Muensterberg, styled a professor of psy- chology in the faculty of arts and sciences of the Ancient and Hon- orable University of Cambridge, Bay State. The suit, which had been entered in the Superior Court of Wundt County, on April 1, 1908, was based on a declaration setting forth, with the usual verbiage, that the plaintiffs were persons of good name and credit, and that the defendant had caused to be printed, published and circulated in Illiana and throughout the country, in a book entitled On the Witness Stand, in the month of March, 1908, (and theretobefore also in The Times Magazine in February, 1907 and afterwards, which said book contained a reprint of the said magazine articles), certain assertions erroneous, incorrect, and untrue, concerning the said plaintiffs, in their capacity as members of the bar; which assertions were set forth in these words: (P. 9). The time for such Applied Psychology is surely near. * * The educator will certainly not resist. * * The physician today doubts still less that he can be aided. * * It is also not difficult to convince the artist. * * Even the business world begins to understand. * * The politician, * the officer, * * the minister, * * all are ready to see that certain chapters of Ap- plied Psychology are sources of help and strength for them. The lawyer alone is obdurate. The lawyer and the judge and the juryman are sure that they do not 'Professor of the Law of Evidence in Northwestern University. 399

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