POLICE INVESTIGATIONS 101

Guidance for Police Officers Drawn From Anne of Green Gables

by Lucy Maude Montgomery

Gilles Renaud | Ontario Court of Justice (Retired)

Introduction

I have often found that lessons on advocacy for lawyers are most successful by reference to movies, TV shows and popular fiction, as this form of entertainment is easily retained and often draws valuable lessons based on human nature and basic psychology.  The same logic holds for training provided to police officers.  Accordingly, in this article, I draw from this wonderfully entertaining book in order to set out a number of valuable lessons for police officers.

I invite interested readers to contact me with any questions, suggestions or criticisms. [Grenaud15943@gmail.com]

Discussion

The lessons I seek to provide are organized along broad thematic lines, in alphabetical order.

Analyze all sides of a question prior to reaching a conclusion

It is always advisable to examine all sides of a given issue, to avoid a rash outcome.  For example, when Marilla informs her nosy neighbour that she and her brother wish to have an orphaned boy live with them, she is informed of the great dangers this decision will bring about. In response, the dialogue at the end of Chapter 1 includes these remarks:

… I don’t deny there’s something in what you say, Rachel. I’ve had some qualms myself. But Matthew was terrible set on it. I could see that, so I gave in. It’s so seldom Matthew sets his mind on anything that when he does I always feel it’s my duty to give in. And as for the risk, there’s risks in pretty near everything a body does in this world. There’s risks in people’s having children of their own if it comes to that—they don’t always turn out well. … [Emphasis added]

Later on, in Chapter VII, the author pens a remarkable scene in which Anne prays for the first time, ending with the words “Yours respectfully”, as in a letter, leading Marilla to these thoughts: “… Poor Marilla was only preserved from complete collapse by remembering that it was not irreverence, but simply spiritual ignorance on the part of Anne that was responsible for this extraordinary petition. …”

Clues are everywhere – look for what is different from what is expected

L.M. Montgomery illustrates the objective nature of clues early on in Chapter I:

… And yet here was Matthew Cuthbert, at half-past three on the afternoon of a busy day, placidly driving over the hollow and up the hill; moreover, he wore a white collar and his best suit of clothes, which was plain proof that he was going out of Avonlea; and he had the buggy and the sorrel mare, which betokened that he was going a considerable distance … But Matthew so rarely went from home that it must be something pressing and unusual which was taking him; he was the shyest man alive and hated to have to go among strangers or to any place where he might have to talk.

The work of detectives includes knowing the typical patterns of daily life and asking questions as to any remarkable differences.  If the subject always wears his best suit of clothes, then the observation is without merit, but if it is a notable departure from the norm, it is to be pursued. An example of such a departure from the norm follows, consigned in the third chapter: “Marilla went slowly down to the kitchen and proceeded to wash the supper dishes. Matthew was smoking—a sure sign of perturbation of mind. He seldom smoked, for Marilla set her face against it as a filthy habit; but at certain times and seasons he felt driven to it and them Marilla winked at the practice, realizing that a mere man must have some vent for his emotions.” [Emphasis added] From the perspective of the investigator, if Marilla had related in her witness statement that her brother was smoking, without any qualification, you might not know of the importance of this fact.

Clues may be small in stature but important nonetheless

Chapter XVIII, titled “Anne to the Rescue” reminds us of this verity of human nature: “All things great are wound up with all things little…”

Confession – false, motivated by promise or an inducement – example of

“Anne’s Confession” is the title of Chapter XIV and as the heading suggests, it addresses how young Anne admits to having taken, and lost, a family heirloom based on Marilla’s “promise” that Anne could not leave her room and attend the picnic unless she first admitted to having taken the brooch.  As we read on the subject of explaining a false admission: “’Why, you said you’d keep me here until I confessed’, returned Anne wearily, ‘and so I decided to confess because I was bound to get to the picnic. I thought out a confession last night after I went to bed and made it as interesting as I could. And I said it over and over so that I wouldn’t forget it. But you wouldn’t let me go to the picnic after all, so all my trouble was wasted.’”

Cross-examination – Confidence in your views but not to an undue degree

Chapter XIX contains a helpful quote in this regard: “’I think you ought to let Anne go,’ repeated Matthew firmly. Argument was not his strong point, but holding fast to his opinion certainly was…”  Witnesses including police officers are not to argue with counsel, but merely present their testimony in response to questions posed to them.  Holding fast to your beliefs in the facts is proper and ought to be the norm but you must be true to your oath. Thus, if information is presented in cross-examination that fairly and fully demonstrates that you are mistaken, your duty is to consider it and to adopt these facts, if that is the proper thing to do in the circumstances.

Cross-examination – Focus when you get a chance …

There are times when you are being battered in cross-examination merely because of outside elements, such as fatigue from testifying in the morning after a lengthy night shift, and not by reason of the merits of your observations.  Often, the prosecutor will object to a minor infraction of the rules of cross-examination to give you some time to re-focus your thoughts.  If that happens, do not miss out on the opportunity to take a few deep breaths and to review your notes. Thus, Chapter XXV includes this phrase within the context of a chapter devoted to puffed sleeves: “During [the sales clerk’s] absence Matthew collected his scattered senses for another effort….”

Cross-examination – Precision of thought leads to precision in expression

As a general rule, if you have not reviewed your notes thoroughly, and refreshed your memory fully, you may sound not unlike poor Matthew in the extract that follows.  This is to be avoided  For example, if you concluded that a driver was impaired by the consumption of alcohol, though that person obviously was suffering from a bad cold bringing about difficulties in speech and in watery eyes, you must be able to state with confidence why you reached that conclusion.  If you do not prepare adequately, you may sound like this:

“… One of us will have to drive over and see Mrs. Spencer tomorrow, that’s certain. This girl will have to be sent back to the asylum.”

“Yes, I suppose so,” said Matthew reluctantly.

“You suppose so! Don’t you know it?”

“Well now, she’s a real nice little thing, Marilla. It’s kind of a pity to send her back when she’s so set on staying here.”

“Matthew Cuthbert, you don’t mean to say you think we ought to keep her!”

Marilla’s astonishment could not have been greater if Matthew had expressed a predilection for standing on his head.

“Well, now, no, I suppose not—not exactly,” stammered Matthew, uncomfortably driven into a corner for his precise meaning. “I suppose—we could hardly be expected to keep her.” [Emphasis added]

Having a precise meaning is the product of preparation and confidence.  

Customs – knowledge of local – May affect how strangers act or think

“Chapter II, Matthew Cuthbert is surprised” includes this interesting phrase: … Matthew enjoyed the drive after his own fashion, except during the moments when he met women and had to nod to them—for in Prince Edward Island you are supposed to nod to all and sundry you meet on the road whether you know them or not.” For present purposes, the relevant fact is that some individuals are ignorant of local practices and may run afoul of them quite innocently – resulting in suspicion.  In addition, persons who are new to the area may not know of, or appreciate other customs, let us say that of kissing younger relatives on both cheeks when meeting at religious feasts such as Christmas celebrations. Your duty as an investigator is to examine the background that might have contributed to either a misunderstanding or a poor judgment of others. In this context, consider the infamous unwanted kiss by the Spanish soccer official.

Demeanour – air

Chapter IX contains this valuable example: “… Mrs. Rachel got up with an air of offended dignity.” For criminal investigators, there is profit in noting this passage from Chapter X, bearing the title “Anne’s Apology”: “… When Marilla went out that evening to bring the cows from the back pasture, Matthew, who had been hanging about the barns and watching, slipped into the house with the air of a burglar and crept upstairs …”

Demeanour – attitude and expression

A good objective example of demeanour evidence is seen at Chapter 2: “… Had he looked he could hardly have failed to notice the tense rigidity and expectation of her attitude and expression. She was sitting there waiting for something or somebody …” In effect, her demeanour communicates what her mind is thinking.

Demeanour – blushing

Chapter XV, “A Tempest in the School Teapot”, includes this quotation: “… Ruby Gillis says she saw him writing something on her slate and when Prissy read it she blushed as red as a beet and giggled; and Ruby Gillis says she doesn’t believe it had anything to do with the lesson.” Consider as well this passage from Chapter XXI “A New Departure in Flavorings”: “’Vanilla,’ said Anne, her face scarlet with mortification after tasting the cake…”

Demeanour – cheeks

Chapter XIX of the novel offers this example: “At last they were ready, cheeks scarlet and eyes glowing with excitement.”

Demeanour – confidence, speaker appears to be seeking to speak in

“Chapter V - Anne’s History”, provides an example at the outset. What you must be wary of as an investigator is that the witness is seeking some form of assurance that their words will not be repeated, an assurance that cannot be granted in light of the rules of disclosure for potential witnesses who are not confidential informants.  Thus, be careful of these situations: “Do you know,” said Anne confidentially, “I’ve made up my mind …”

Demeanour – effort by witness to put on airs, a look, for a purpose

Consider this example, from Chapter XXVI: “… Anne nodded, trying hard not to look virtuously complacent and failing miserably.” In other words, careful investigators consider the danger that a witness is attempting to dupe them.

Demeanour – expression

At the outset, consider this first example from Chapter IX, “Mrs. Rachel Lynde Is Properly Horrified”: “Marilla said more than she had intended to say when she began, for she read disapproval in Mrs. Rachel’s expression…” Consider as well the words that are found in Chapter XXVIII, “An Unfortunate Lily Maid”: “…She had an odd, newly awakened consciousness under all her outraged dignity that the half-shy, half-eager expression in Gilbert’s hazel eyes was something that was very good to see…”

Demeanour – eyes

A first example is found in Chapter VIII: “Anne’s Bringing-up Is Begun”. “… Anne looked at Marilla through the apple blossoms, her eyes aglow with interest…” Consider as well this excerpt from Chapter IX: “But Anne continued to face Mrs. Rachel undauntedly, head up, eyes blazing, hands clenched, passionate indignation exhaling from her like an atmosphere.”

A further example, drawn from paragraph XIX, is as follows: “’ you and Diana nearly frightened poor old Miss Barry to death last night?’ said Mrs. Lynde severely, but with a twinkle in her eye.” Finally, note what follows, from Chapter XXIX, “An Epoch in Anne’s Life”: “… Miss Barry met them at the door with a twinkle in her sharp black eyes…”

Demeanour – facial features

See the example found in Chapter VI: “’…So far as I’m concerned, Matthew, [Anne] may stay.’ Matthew’s shy face was a glow of delight…” Noteworthy as well is the quote found at Chapter XIV “Anne’s Confession”:

When Anne had gone Marilla went about her evening tasks in a very disturbed state of mind. She was worried about her valuable brooch. What if Anne had lost it? And how wicked of the child to deny having taken it, when anybody could see she must have! With such an innocent face, too! [Emphasis added]

A further quote of interest is consigned in Chapter XV: “A Tempest in the School Teapot”. “Marilla saw something remarkably like unyielding stubbornness looking out of Anne’s small face…”

Demeanour – features, modification of a person’s

Chapter X offers this helpful example: “Rapt and radiant Anne continued until they were in the very presence of Mrs. Lynde, who was sitting knitting by her kitchen window. Then the radiance vanished. Mournful penitence appeared on every feature…”

Demeanour – judging the words of a witness by means of non-verbal cues

Perhaps the best means of evaluating the merits of the words of a witness is to view and hear the speaker in recounting their statement, the time-honoured justification for appellate courts refusing to interfere with findings of fact – the inability to second-guess trial judges who saw and heard witnesses. In this context, consider these remarks, from Chapter 5:

“Were those women—Mrs. Thomas and Mrs. Hammond—good to you?” asked Marilla, looking at Anne out of the corner of her eye.

“O-o-o-h,” faltered Anne. Her sensitive little face suddenly flushed scarlet and embarrassment sat on her brow. “Oh, they meant to be—I know they meant to be just as good and kind as possible. And when people mean to be good to you, you don’t mind very much when they’re not quite—always. They had a good deal to worry them, you know. It’s a very trying to have a drunken husband, you see; and it must be very trying to have twins three times in succession, don’t you think? But I feel sure they meant to be good to me.” [Emphasis added]

Demeanour – look – horrified astonishment

The passage that is quoted next seeks to illustrate a further element of demeanour:

“… You’ll have to remember a little better if you stay here,” admonished Marilla. “There, that looks something like. Say your prayers now and get into bed.”

“I never say any prayers,” announced Anne.

Marilla looked horrified astonishment. [Emphasis added] [See Chapter VII – Anne Says Her Prayers]

Demeanour – sarcasm

The investigator who succeeds seeks to judge to what extent the words spoken “marry” the body language, with a view of concluding whether the speaker is sincere or sarcastic, amongst other things.  For example, we read the following in Chapter XIX, “A Concert a Catastrophe and a Confession”: “’Well, you needn’t suffer any longer,’ said Marilla sarcastically. ‘You can go, but you’re to be back here in just ten minutes, remember that.’”

Demeanour – sighs

Consider this example from Chapter II: “With a sigh of rapture she relapsed into silence…”

Demeanour – smiles

The example that follows is drawn from Chapter III: “Marilla Cuthbert is Surprised”. “… Something like a reluctant smile, rather rusty from long disuse, mellowed Marilla’s grim expression.” he next example, from the sixth chapter, entitled “Marilla Makes Up Her Mind”, illustrates the subtle but potential value in assessing witness statements, of demeanour evidence, notably the last section in which the transformation in Anne’s demeanour reflects her hearing good news:

… Mrs. Spencer lived in a big yellow house at White Sands Cove, and she came to the door with surprise and welcome mingled on her benevolent face.

“Dear, dear,” she exclaimed, “you’re the last folks I was looking for today, but I’m real glad to see you … And how are you, Anne?”

I’m as well as can be expected, thank you,” said Anne smilelessly. A blight seemed to have descended on her.

…

During Marilla’s speech a sunrise had been dawning on Anne’s face. First the look of despair faded out; then came a faint flush of hope; her eyes grew deep and bright as morning stars. The child was quite transfigured … [Emphasis added]

Demeanour – tone

“’I don’t dare go out,’ said Anne, in the tone of a martyr relinquishing all earthly joys…”  See Chapter IV.

Demeanour – trembling

Note this quote from Chapter XII “A Solemn Vow and Promise”: “… Anne was trembling. Her face was pale and tense.”

Demeanour – Concluding remarks

Many critics of demeanour evidence will observed that it is far too subjective to be of any value – i.e., it means too many things to too many persons.  Take this example, from Chapter XXXIII, “The Hotel Concert”:

… she saw Gilbert Blythe away at the back of the room, bending forward with a smile on his face—a smile which seemed to Anne at once triumphant and taunting. In reality it was nothing of the kind. Gilbert was merely smiling with appreciation of the whole affair in general and of the effect produced by Anne’s slender white form and spiritual face against a background of palms in particular … [Emphasis added]

There are, after all, certain elements that appear more objective and evident, notably blushing, as illustrated below, but even these are subject to great divergences in opinion. Thus, Chapter XXXIV, “A Queen’s Girl”, includes this example: “Ruby, perceiving the Queen’s calendar lying on the table, wanted to know if Anne meant to try for the gold medal. Anne blushed and admitted she was thinking of it.”

Facts – “What are the facts?” as Joe Friday might ask

The illustration that follows makes plain what an investigator must seek of a witness, without confrontation or lack of respect:

“It’s five miles; and as you’re evidently bent on talking you might as well talk to some purpose by telling me what you know about yourself.”

“Oh, what I know about myself isn’t really worth telling,” said Anne eagerly. “If you’ll only let me tell you what I imagine about myself you’ll think it ever so much more interesting.”

“No, I don’t want any of your imaginings. Just you stick to bald facts. Begin at the beginning. Where were you born and how old are you?” [Emphasis added]

Fatigue – leads to oor judgment

As discussed in the example that follows, fatigue may lead to errors, whether of youthful exuberance or by seasoned investigators, and you must be vigilant to only function at your best, a phrase that is easier to proclaim than to implement.  Thus: “They had a very good time and nothing untoward happened until after tea, when they found themselves in the Barry garden, a little tired of all their games and ripe for any enticing form of mischief which might present itself…” See Chapter XXIII, “Anne Comes to Grief in an Affair of Honor.”

Hearing – witness may not have heard words stated by a third party

The example that follows makes plain that on occasion, a person may act as if they actually have not heard what was said, though there is no explanation for this inability. Thus, Chapter XII, “A Solemn Vow and Promise”, reads in part:

“Yes, this is Anne Shirley,” said Marilla.

“Spelled with an E,” gasped Anne, who, tremulous and excited as she was, was determined there should be no misunderstanding on that important point.

Mrs. Barry, not hearing or not comprehending, merely shook hands and said kindly:

“How are you?”

Human nature in investigations – Capacity to adapt to situations

The acclaimed classic novel Anne of Green Gables includes these remarks in the first chapter: “... A body can get used to anything, even to being hanged, as the Irishman said.” For the work of detectives, the lesson set out is that you must view the acts and words of third parties objectively, and not from your subjective perspective.  Your task is to draw out valuable information and not to get overly concerned with the fact that they elect to have twenty cats or to listen to music you find offensive all day long. In the novel, Marilla Cuthbert is described in the initial chapter as fond of sweeping clear her yard and as being “… always slightly distrustful of sunshine…”  And so what?  Indeed, for reasons that are their own, potential witnesses may endure what you view as privations, and it is of no moment to you so long as you draw out the information you require, unless whatever they do leads you to conclude that their information becomes unreliable because of their actions, such as fasting that leads to unreliable perceptions. 

Interviewing witnesses: getting a word in edgewise

There are often two contrasting dynamics in an interview – the need to obtain a great deal of information, on the one hand, and the need to restrict the flow of secondary, if not irrelevant, information on the other.  For example, if young Anne of Green Gables was the witness to a dog being kicked, or a wagon being stolen, as she looked outside of her window, she might well preface her statement with what we read at Chapter 4:

“Oh, I don’t mean just the tree; of course it’s lovely—yes, it’s radiantly lovely—it blooms as if it meant it—but I meant everything, the garden and the orchard and the brook and the woods, the whole big dear world. Don’t you feel as if you just loved the world on a morning like this? And I can hear the brook laughing all the way up here. Have you ever noticed what cheerful things brooks are? They’re always laughing. Even in winter-time I’ve heard them under the ice. I’m so glad there’s a brook near Green Gables. Perhaps you think it doesn’t make any difference to me when you’re not going to keep me, but it does. I shall always like to remember that there is a brook at Green Gables even if I never see it again. If there wasn’t a brook I’d be haunted by the uncomfortable feeling that there ought to be one. I’m not in the depths of despair this morning. I never can be in the morning. Isn’t it a splendid thing that there are mornings? But I feel very sad. I’ve just been imagining that it was really me you wanted after all and that I was to stay here for ever and ever. It was a great comfort while it lasted. But the worst of imagining things is that the time comes when you have to stop and that hurts.”

“You’d better get dressed and come down-stairs and never mind your imaginings,” said Marilla as soon as she could get a word in edgewise. [Emphasis added]

It is often important for the Crown prosecutor to have a full opportunity of observing how a witness responds to questions and to be if they are garrulous or reserved, and to that extent, a lengthy statement as a preface to what was observed is not necessarily very negative, with only your time being allocated to somewhat secondary purposes.  All that being said, there are times when you must intervene and get a word in edgewise, especially in the case of a truly secondary witness when you must move forward to addressing far more important witnesses.

In the final analysis, however, no detective is entitled to speak to a child witness as did Marilla in this further excerpt from Chapter 4: “For pity’s sake hold your tongue … You talk entirely too much for a little girl.”

Judging people on objective grounds – It is a necessity

In this vein, consider Chapter XXXVII, “The Reaper Whose Name Is Death”: “Yes, I suppose you might call it that. You wouldn’t think so to look at me, would you? But you never can tell about people from their outsides…”

Memory – as the anchor of reliable testimony

In my forty years of either observing, participating or judging police testimony, I have always been struck by the oft-repeated qualifier used by officers testifying: “If my memory serves…” or words to that effect.  In sum, officers wish to avoid being categorical in agreeing or rejecting a proposition, but they are also motivated by the real fear that they might have forgotten a fact in the context of the anxiety of a trial.  This is illustrated by the passage that follows, drawn from Chapter II:

“Pretty? Oh, pretty doesn’t seem the right word to use. Nor beautiful, either. They don’t go far enough. Oh, it was wonderful—wonderful. It’s the first thing I ever saw that couldn’t be improved upon by imagination. It just satisfies me here”—she put one hand on her breast—“it made a queer funny ache and yet it was a pleasant ache. Did you ever have an ache like that, Mr. Cuthbert?”

“Well now, I just can’t recollect that I ever had.” [Emphasis added]

In most instances, this is a perfectly fit answer but in rare cases, an officer may be criticized in resorting to this qualifier if they have asserted at other times, such as during a preliminary inquiry, their absolute conviction in X or Y fact.

Observing everything – your daily bread in investigations

In this regard, note the quote drawn from the first chapter:

… Mrs. Rachel, before she had fairly closed the door, had taken a mental note of everything that was on that table. There were three plates laid, so that Marilla must be expecting some one home with Matthew to tea; but the dishes were everyday dishes and there was only crab-apple preserves and one kind of cake, so that the expected company could not be any particular company…

In this context, note how Chapter 2 invites us to consider not ordinary observations, but extraordinary ones by a person quite keen to observe:

So far, the ordinary observer; an extraordinary observer might have seen that the chin was very pointed and pronounced; that the big eyes were full of spirit and vivacity; that the mouth was sweet-lipped and expressive; that the forehead was broad and full; in short, our discerning extraordinary observer might have concluded that no commonplace soul inhabited the body of this stray woman-child of whom shy Matthew Cuthbert was so ludicrously afraid.

Prejudice – witnesses may be lacking in reliability by reason of

In support of this proposition, consider this quote: “Her face hardened. Mrs. Barry was a woman of strong prejudices and dislikes, and her anger was of the cold, sullen sort which is always hardest to overcome…” Refer to Chapter XVI: “Diana Is Invited to Tea with Tragic Results.”

Professionalism – deliberate slowly and fully prior to drawing conclusions

A sound investigation requires a full opportunity to reflect upon the various elements of the case and there is no justification for any form of rush to judgment.  The passages that follows illustrate the type of deliberation that should be engaged in, minus the unhealthy reach for a noxious product. Firstly, “After two hours of smoking and hard reflection Matthew arrived at a solution of his problem…” See also: “’Well now, it’ll do no harm to be thinking it over off and on,’ said Matthew. ‘Things like that are all the better for lots of thinking over.’” See Chapter XXV, “Matthew Insists on Puffed Sleeves”

Professionalism – how best to address child witnesses

Consider this quote from Chapter 4:

“It’s time you were dressed,” she said curtly.

Marilla really did not know how to talk to the child, and her uncomfortable ignorance made her crisp and curt when she did not mean to be.

This type of “uncomfortable ignorance” must be overcome by dint of training and observation of those more experienced than yourselves.  By way of limited example, newly assigned detectives ought to view as many taped interviews of children as are available in the archives. Indeed, care should be taken to identify those interviews that have been identified by judges as being excellent, or inadequate, as the case might be, in order to not repeat prior errors and to emulate prior successful interviews of children.

Professionalism – mistakes as opportunities to learn

When I presided as a trial judge, I often sought the advice of older and more experienced judges who often stated that if I made a mistake in admitting testimony, or in excluding evidence, I ought to see it as an opportunity to reflect upon the cases and learn.  The same view is true for investigators: no matter how much you ponder and examine an issue, you may be incorrect, and must see the experience in a positive light.  In this vein, Chapter XX records this illustration: “’Oh, don’t you see, Marilla? There must be a limit to the mistakes one person can make, and when I get to the end of them, then I’ll be through with them. That’s a very comforting thought.’” Noteworthy as well are the words that follow, from Chapter XXVII:

“Well,” explained Anne, “I’ve learned a new and valuable lesson today. Ever since I came to Green Gables I’ve been making mistakes, and each mistake has helped to cure me of some great shortcoming. The affair of the amethyst brooch cured me of meddling with things that didn’t belong to me. The Haunted Wood mistake cured me of letting my imagination run away with me. The liniment cake mistake cured me of carelessness in cooking. Dyeing my hair cured me of vanity. I never think about my hair and nose now—at least, very seldom. And today’s mistake is going to cure me of being too romantic… [Emphasis added]

Professionalism – patience

Police officers should always seek to emulate what we read in Chapter XXVII: “’Well now, I dunno,’” said Matthew, who, being patient and wise …”

Professionalism – pride – be careful!

I was taught: “When the Gods wish to destroy us, first they make up prod!” In the same vein, we read in Chapter XXXVI: “The Glory and the Dream”: Mrs. Lynde says pride goes before a fall …”

Professionalism – seeking constantly to improve

Chapter XXVI, “The Story Club Is Formed”, includes this useful sentence: “… My besetting sin is imagining too much and forgetting my duties. I’m striving very hard to overcome it …” Consider as well this quote from Chapter XXVII “Vanity and Vexation of Spirit: “… [She] was not given to subjective analysis of her thoughts and feelings…” But this is an element of your analysis that ought not to be overlooked.

Professionalism – strength of mind

Consider this valuable example drawn from Chapter XXIII: “But you have such strength of mind, Marilla. I haven’t …” Officers called upon to combat crime must demonstrate the strength of mind to resist calls for hasty investigation made by media or public persons.  The police serve the public by serving justice.  The same vein, consider this quote from Chapter XXIV, “Miss Stacy and Her Pupils Get Up a Concert”: “… if it had been his he would have been worried over frequent conflicts between inclination and said duty…”

Professionalism – studying prior taped interviews of children as precedents

This subject is reviewed in full under the rubric “Professionalism – how best to address child witnesses.”

Reputations of witnesses for shyness ought not to be obstacles to your work

On occasion, you will be called upon to interview potential witnesses that are known to be shy, or close-mouthed so to speak, and you will have to do your best to draw out from them the potentially valuable information as to a case they may possess.  In such cases, detectives see the taciturn nature of these potential sources of information as a challenge and not as an obstacle.  For example, the author depicts Matthew Cuthbert in the opening pages of Chapter I as being one who “… had never been known to volunteer information about anything in his whole life.” All the more likely to lead to the conclusion that if their duty is explained to them, they will respond correctly.

Rose-coloured eyes – does the witness view world too subjectively ?

On occasion, witnesses are shown at trial to have viewed the circumstances before them too harshly or too sympathetically – in other words, without the objective perspective that should be present? The example that follows serves to illustrate this situation: “… Anne’s beauty-loving eyes lingered on it all, taking everything greedily in. She had looked on so many unlovely places in her life, poor child; but this was as lovely as anything she had ever dreamed.” [Emphasis added] The passage, found in Chapter IV, “Morning at Green Gables”, demonstrates clearly that the young lady views the world through what are often described as “rose-tinted” glasses.

In addition, Chapter 4 records this type of overly positive remark: “Oh, I don’t mean just the tree; of course it’s lovely—yes, it’s radiantly lovely—it blooms as if it meant it—but I meant everything, the garden and the orchard and the brook and the woods, the whole big dear world…”

Scripted testimony – be careful to identify such instances

A good example is found in Chapter 5 in which Anne states: ““Well, that is another hope gone. ‘My life is a perfect graveyard of buried hopes.’ That’s a sentence I read in a book once, and I say it over to comfort myself whenever I’m disappointed in anything.”  Any such scripted remarks ought to lead to scrutiny of the merits of the information provided by the witness.

Statement analysis – “reading between the lines”

One pertinent excerpt illustrating this difficult skill, if not art, is found in Chapter 5:

Marilla asked no more questions. … Pity was suddenly stirring in her heart for the child. What a starved, unloved life she had had—a life of drudgery and poverty and neglect; for Marilla was shrewd enough to read between the lines of Anne’s history and divine the truth. No wonder she had been so delighted at the prospect of a real home. … [Emphasis added]

Subjective nature of the actions (or non-actions) of the potential witnesses

The reliable and successful investigator will always ensure that they examine how the potential witnesses “see the world” as opposed to how the investigator views their place in it. After all, a police officer who is entrusted with investigative duties is surely an intelligent, confident and worldly person and this confident situation may be contrasted with the subjective situation of others.  Consider the case of Matthew who is described at Chapter 2 in these terms: “… the unfortunate Matthew was left to do that which was harder for him than bearding a lion in its den—walk up to a girl—a strange girl—an orphan girl—and demand of her why she wasn’t a boy. Matthew groaned in spirit …”

Never overlook the fact that others see (and experience) the world quite differently from what might be your perspective and station in life.

Transcribing precisely what the witness communicated

Chapter III provides an excellent example of the mischief that ensues when a police interview of a witness is not recorded in both audio and video.  As we read: “’You’re not eating anything,’ said Marilla sharply, eying her as if it were a serious shortcoming…” In the absence of any exclamation point, one must understand that the witness is stating her observation, as a factual remark.  If the witness meant to repeat what a witness had stated, such as a direction to punish one, in the sense of “You’re not eating anything!”, then an exclamation point is required. In the same vein, the question of not eating anything would be followed by a question mark.

Unreliable witnesses due to their desire to cause a sensation

An example is found at the latter part of Chapter 1: “Mrs. Rachel would have liked to stay until Matthew came home with his imported orphan. But reflecting that it would be a good two hours at least before his arrival she concluded to go up the road to Robert Bell’s and tell the news. It would certainly make a sensation second to none, and Mrs. Rachel dearly loved to make a sensation…”

Vigils are everywhere – and alert investigators seek out their contributions

Chapter I, titled “Mrs. Rachel Lynde is Surprised”, offers a more than century old illustration of what neighbourhood watch looked like near Avonlea: the person who spent their time at the window, spying on the actions of others.  A non-mechanical form of surveillance camera, they know everyone and can be trusted to note and ponder any new developments.

As we read:

… Mrs. Rachel was sitting at her window, keeping a sharp eye on everything that passed, from brooks and children up, and that if she noticed anything odd or out of place she would never rest until she had ferreted out the whys and wherefores thereof … Mrs. Rachel found abundant time to sit for hours at her kitchen window, knitting … and keeping a sharp eye on the main … anybody who went out of it or into it had to pass over that hill road and so run the unseen gauntlet of Mrs. Rachel’s all-seeing eye.”

In the final analysis, however, it is suggested that to ignore such witnesses is to fail to seek out readily available sources of intelligence.  Of course, you may have to endure some gossip but it is a small price to pay.

Vocabulary – avoid complicated expressions in reports and in testimony

Chapter IX of the novel includes this reference: “… Leaving this Parthian shaft to rankle in Anne’s stormy bosom, Marilla descended to the kitchen …” The expression refers to the last comment or remarks made prior to leaving a room, and appears based on the ancient Parthian cavalry who had a habit of shooting arrows rearward at the enemy while in real or feigned flight.  By all means, investigators should call “a spade a spade” and the modern reality [and richness for our multicultural nature] of so many Canadians having a first language that is neither French, English, or an Indigenous one, it is best to avoid expressions that are too vague.  For example, I am fond of saying “a ballpark figure” when asking information and I find that it is problematic at the best of times. Anne of Green Gables includes this illustration of difficulty at Chapter XIX: “… This is Matthew’s doings and I wash my hands of it...” Many Canadians will not recognize the Biblical reference and will be intimidated by such a phrase. In addition, please avoid expressions that easily suggest that certain cultural groups do certain things, which is both a stereotype and imprecise. For example, the phrase “… Anne was curled up Turk-fashion on the hearthrug …” explains nothing and is insulting. See Chapter XXX, “The Queens Class Is Organized”.

Conclusion

The best praise that a police officer may hope to receive is consigned in Chapter XXXV, “The Winter at Queen’s”: “That Anne-girl improves all the time …”

[1]                Retired Justice of the Ontario Court of Justice – January 1995 to April 2023. Formerly an Assistant Crown Attorney, Ottawa, and a Prosecutor with the Canadian War Crimes and Crimes Against Humanity Section, Department of Justice (Canada).  Author of a number of books on judging, advocacy, sentencing and evidence.