Notwithstanding this nice distinction, however, introduced by
lawyers to reconcile this procedure to their own general rule, that a man
cannot be required to bear witness against himself, it nevertheless
usually happens that these declarations become the means of condemning
the accused, as it were, out of their own mouths. The prisoner, upon
these previous examinations, has indeed the privilege of remaining silent
if he pleases; but every man necessarily feels that a refusal to answer
natural and pertinent interrogatories, put by judicial authority, is in
itself a strong proof of guilt, and will certainly lead to his being
committed to prison; and few can renounce the hope of obtaining liberty
by giving some specious account of themselves, and showing apparent
frankness in explaining their motives and accounting for their conduct.
It, therefore, seldom happens that the prisoner refuses to give a
judicial declaration, in which, nevertheless, either by letting out too
much of the truth, or by endeavouring to substitute a fictitious story,
he almost always exposes himself to suspicion and to contradictions,
which weigh heavily in the minds of the jury.

The declaration of Effie Deans was uttered on other principles, and the
following is a sketch of its contents, given in the judicial form, in
which they may still be found in the Books of Adjournal.

The declarant admitted a criminal intrigue with an individual whose name
she desired to conceal. "Being interrogated, what her reason was for
secrecy on this point? She declared, that she had no right to blame that
person's conduct more than she did her own, and that she was willing to
confess her own faults, but not to say anything which might criminate the
absent. Interrogated, if she confessed her situation to any one, or made
any preparation for her confinement? Declares, she did not. And being
interrogated, why she forbore to take steps which her situation so
peremptorily required? Declares, she was ashamed to tell her friends, and
she trusted the person she has mentioned would provide for her and the
infant. Interrogated if he did so? Declares, that he did not do so
personally; but that it was not his fault, for that the declarant is
convinced he would have laid down his life sooner than the bairn or she
had come to harm. Interrogated, what prevented him from keeping his
promise? Declares, that it was impossible for him to do so, he being
under trouble at the time, and de