The Prisoner at the Bar

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INDEX

Abatement, plea in, 96 Acquittals, table of percentages of, 175, 176, 177 of women, 299, 300 danger of, by lawless jury, 340-344 "on ground of insanity," meaning of, 352 Adams, "Al," 319 Alabama, test of criminal responsibility in, 368 Alibi, use of perjured evidence to prove, 224, 225 Ammon, Robert A., and "The Franklin Syndicate," 25, 26 Appeal, from magistrate's decision, 47 number of appeals so taken, 47 no appeal by aggrieved person if magistrate discharges, 47 few appeals from Special Sessions, 62 unfortunate that prosecution cannot appeal on verdict of acquittal, 186, 337 defendant has right of, 337 reversals on, 339, 340 Archer, Agnes, case of, 301 Arrest (see Chapter III), right of citizen to arrest, despite common belief, 33 right to, ordinarily left to police, 33 anyone may arrest for crime committed in his presence, 35 no one may arrest for felony without his view, unless felony committed, 35 difference in citizen's and officer's right to arrest, 35, 37 police construe their right to arrest more broadly than law permits, 35 example of above, 36 right of police to arrest at night under New York Criminal Code, 36 force permissible in making arrest, 38 cases in which the power may be abused, 38 Arrest, power to arrest to be exercised with discrimination, 40, 41 the first step in procedure toward conviction, 42 after arrest prisoner taken before magistrate, 42 on bench warrant if indicted by Grand Jury, 42 on suspicion illegal but necessary, 43 number of arrests in New York County in 1907, 46 table showing nativity of those arrested, 46 Arrest of judgment, motion for, 269 Assault, power of magistrate should be extended to punish simple assault, 49 Autrefois Acquit. See Pleas. Bail, in case of misdemeanor may be assessed by sergeant on duty, 42 right of accused to, except in case of murder, 85 bail cases not tried in summer, 126 forfeiture of, 127, 128 recommendation for discharge of, 170 "skipping" bail, 317 Bauman, case of, 323 Bench warrant, indicted and arrested under, 42 Blindness, "An Act for the Prevention of," 15 Branding, 266-268, 278 Breach of peace, 49 "Bridge of Sighs," 115 Capital punishment, no woman has suffered here in two decades, 299 cases of, comparatively rare, 246 Challenges, number of peremptory in homicide cases, 215 reduction to reasonable number desirable, 325, 346 in larceny cases, 346 Cherry, "Tom," 73, 74 Cignarale Chiara, case of, 299 Clancy murder case, 325 Code. See Statutes and Criminal Law Cohalan, Daniel F., 216 Commercial Crime. See Crime Commission, to take testimony without state, 123 application for, to take testimony for purpose of delay, 315 right to take such testimony confined to defendant, 315 motion for, 317 to determine present mental condition of an accused, 369-72 to determine mental condition at time of offense, 369-76 desirability of such being permanent and salaried, 373, 374 Commutation, of sentence for good behavior, 273 how determined, 273 periods of, (note) 273 distinguished from indeterminate sentence, 274 Complaints, in Court of Special Sessions, 63 or informations, ancient form of, 89 Confession, not sufficient to convict without corroboration, 330 Contempt of court, practical inability of New York courts to punish editorial contempts, 347 defined in Penal Code, 348 Convictions, proof of prior, admitted for what purpose, 148, 166 table showing percentages of, 175, 176 too few, 177 of innocent men almost unknown, 247, 336 of women indicted, in same proportion as men, 299, 300 County clerk, grand jurors drawn by, 358 "County Detectives," 87 Court officers as plea getters, 173 Cowing, Rufus B., Judge, 255 Crime, What is Crime? Chapter I, definition of, 1 relation of, to wrongs, 1, 2, 3 artificial character of laws defining, 4 mala prohibita and mala in se, 6 little significance in mere name of crimes, 6 arbitrary nature of acts made crimes, 7 relation of, to insanity, 22 theory that crime is a disease overworked, 23 criminal instinct in all, 23 commercial crime favored by law, 24, 30, 223 Crimes, definition of, limiting it to those who "make a living" thereby is inadequate, 28 fundamental cause of, disrespect for law, 30, 334 attitude of jury toward commercial crime, 210, 211 What Fosters Crime? Chapter XVII not on increase in proportion to growth of population, 334 fostered by idea that criminal justice is slow and uncertain, 335, 336 by constitutional safeguards, 335, 336 by defects in our criminal law and procedure, 338 by attitude of "yellow" press, 338 by belief that higher courts reverse on technical grounds, 339 by acquittal of guilty by sentimental juries, 340-342 restraints on, 344-346 fear of present criminal prosecution and punishment greatest restraint on, 344-346 may be deliberate or the result of accident or impulse, 345 Criminal Courts Building, description of, 115 Criminal law, adapted especially to punishment of crimes of violence, 16 impression of ordinary citizen concerning, 149, 335 at present tends to retard and defeat justice, 336 present state of, result of exaggerated regard for personal liberty, 336 English system of, better than ours, 336 leaves many technical avenues of escape, 338 Criminal responsibility (see Insanity and the Law, Chapter XVIII), 350 test of, 353 unchanged since case of McNaughten, 353 questions propounded by House of Lords to the judges, with their answers, 354 delusions in the law of insanity, significance of, 355, 356 doubtful interpretation to be given to words "wrong" and "know," 357 Hadfield's case, 358 Criminal responsibility, present New York test does not recognize any lack of inhibitory capacity, 359 test is imperfect, inadequate, and vague, 357, 359 difficult of application, 357 juries disregard it except in extreme cases, 360-366 expert testimony in insanity cases discounted by jury, 360, 361 requirements of proposed new tests, 366-368 Alabama test, 368 the "defense" of insanity often confused with claim of present insanity, 369 present insanity determined by commission, 369-376 mental condition at time of crime should be likewise determined, 369-376 defendant may refuse to permit examination, 370 present ineffectuality of law in New York, 370-376 could be easily remedied, 372-374 plea of insanity should be made compulsory, 373 defendants so pleading should be remanded for observation by permanent, salaried, expert commission, as in Germany and elsewhere, 373, 374 probable unconstitutionality of other suggested remedies, 374 Criminals, not necessarily worse than other people, 5, 9 not usually criminal in all directions, 5 generally specialists, 5 intentional, as distinguished from accidental or occasional, 9 as distinguished from sinners, 17 Who are the Real Criminals? Chapter II Charles D. Warner's definition of, 19 traditional criminals few, 19 the modern criminal, 20 degenerate class of, exaggerated by continental writers, 21 sentimentality concerning, over-done, 21, 23, 196 majority of, not mentally defective, 22 close relation between all, 22, 29 why men are criminals, 24 dishonest business men real criminals, 24, 25 law at present favors business criminal, 25 Criminals, professional criminals and degenerates form small proportion of law breakers, 29 distinction between criminals and convicts, 42 begin with petty infractions of law, 72 professional criminals generally plead guilty, 148 receive consideration for saving expense of trial, 148 may obtain speedy trial if desired, 152 weight given to prior conviction, 148 Criminology, modern tendencies in, 17 penological movements, first in direction of prison reform, 21 and second in study of degeneracy, 22 Cross-examination, use of, 231, 240 impossible to cross-examine through interpreter, 239 of women difficult, 291, 292 Defendants, hostile attitude of courts to, in ancient times, 16 present rights of, 16, 17 presumed to be innocent, 44 have right to counsel, 43 sensations of, 45 cannot be compelled to testify, 91, 326 may move to dismiss indictment and thus retard trial, 91 may easily obtain speedy trial, 152 their own testimony generally convicts, 154 rapid trial redounds to their benefit, 156 if innocent need not fear to testify, 162 majority of those failing to testify convicted, 163 may defend themselves, 164 often wise to rest on People's case, 164 danger to, by perjury of one of their own witnesses, 164 influenced to plead by result of prior cases, 174 benefit by prosecutor's desire to dispose of case, 220 favored by jury, 222 description of, while waiting verdict, 241 right to poll jury, 247 when convicted rarely show emotion, 247, 248 may present plea for clemency before sentence, 271 latitude allowed, 337, 338 (See Criminals.) Degrees of crime, arbitrary character of, 8 Delays, The Law's, Chapter VII secured by motions based on irregularities before Grand Jury, 93 delay the first, in the police court, 108 delay the second, before the Grand Jury, 114 delay the third, pleading, 119 delay the fourth, in preparation of case for trial, 121 delay the fifth, after case on calendar, before trial, 122 delay the sixth, dilatory tactics of counsel for defense, 123 delay the seventh, bail cases not tried in summer, 126 delay the eighth, forfeiting recognizance, 126 alienates support of citizens, 129 defendant has everything to gain by delay, 314 method of securing, 315, 316 motions to secure, 316 many penal statutes and procedure tend to retard and defeat justice, 336 (See Red Tape, Chapter VIII, 129.) Delusions, significance of, in law of insanity, 355, 356 Dementia præcox, 351 Demurrer, 316 Dinser, Gustav, case of, 289 Disagreements, two equivalent to acquittal, 220 large number of trials resulting in, 244 Disorderly conduct, jurisdiction over, by magistrate, 49 Dodge-Morse divorce case, 321, 322 Donohue v. N.Y., N.H. & H.R.R., case of, 259 Dummies, 318-322 attempt to induce witness to identify, 321, 322 most famous case of, 321 District Attorney (see Prosecutor), power to act when magistrate discharges, 47, 48 copies papers forwarded from magistrate and subpœnas witnesses for Grand Jury, 87 prepares calendar for Grand Jury, 87 draws indictments, 87 preliminary examination of witnesses by, 117 a quasi-judicial officer, 167, 168 limitations placed upon, by laws of evidence and procedure, 165, 168 District Attorney, should move defendant's discharge if convinced of innocence, 168 has same latitude in summing up as defendant's attorney 168 in presentation of case, People should have same rights as an individual, 168 should win confidence of jury, 169 function of, 304 can rebut defense more easily where it has been exposed before magistrate, 312 necessity of examination of jury by, 323 Electric chair, jury send to, only in atrocious cases, 213 Ellis, William H., case of, 315, 316 Elmira, release from, 165 sentence to, indeterminate, 165 Evidence, character of defendant provable only when put in issue by himself, 161, 166 defendant's right to give, himself, 161-162 but no inference to be drawn from defendant's failure to testify, 160, 162 rule permitting defendant to testify practically forces him to do so, 163 good character of complainant and witnesses only provable on attack, 167 amount of strictly accurate testimony very small, 225 "refreshing recollection," in practice absurd, 235 method of refreshing recollection, 235 (See Witnesses) Ex Parte, proceeding before Grand Jury is, 90, 99 Felix, John, case of, 15 Felonies, The Trial of, Chapter IX (See District Attorney, Prosecutor, Defendants, etc.) distinction between felonies and misdemeanors often without merit, 30 number of persons arrested for, 85 should be prosecuted by information, 100 rapidity of trials for, 152, 154 description of trials for, 150 attempted suicide, 171 compounding, by agreeing not to prosecute, 349 Foster, Judge Warren W., 216 "Franklin Syndicate, The," 26 Fursman, Judge, 321 General Sessions, Court of, appeal to, from magistrate's courts, 47 procedure in, 119, 150, 151 description of (see Felonies), 150 Goff, Recorder, 86, 290 Habeas Corpus, for prisoners held in police court, 43 to test magistrate's jurisdiction, 47 only remedy for illegal commitment, 49 writ of, often secured for delay, 317 Hackett, Orlando J., case of, 290 Hadfield's Case, 358 Harris, Carlyle W., case of, 263, 264 Hawkins, Sir Henry, on want of uniformity in sentences, 189, 190 Homicide, typical case of manslaughter, 8 large proportion of defendants charged with, plead guilty to manslaughter, 174 charge of court in cases of, 243 verdicts in cases of, 246 sentence in cases of murder fixed by law, 261 larger proportion of women indicted convicted of, than men, 334 Howe, "Bill," 297, 298, 323 Howe & Hummel, 322 Hummel, Abraham, 321, 322 Imprisonment, pending appeal, advisability of, 346 Impulse. See Irresistible. Indeterminate sentence, definition of, 273 constitutionality of, upheld by courts, 274 distinguished from commutation, 274 Indictments, found by Grand Jury, 81 "true bills," 82 number of, found, 85 drawn by District Attorney, 87 form of, 87, 88 for larceny, 88, 89 invalid, when, 91 defendant may move to dismiss, when, 91, 92 ratio of women to men indicted, 292 not "pigeon-holed" or "lost" in New York County, 314 motion to dismiss, 317 for forgery, 331 Information, in Court of Special Sessions, 48, 49 Information, of aggrieved party, old form, 89 proceeding by, in different states, 100 all felonies should be prosecuted by, 100 Insanity, not true that majority of criminals are mentally defective, 22 sentence cannot be pronounced on insane person, 269 how those insane at sentence are dealt with, 269 defendants unlikely to feign, at sentence, 270 used as means of avoiding trial by rich, 317 As a Defense to Crime, Chapter XVIII, 350 (Also see Criminal Responsibility and Commissions) Inspection, of Grand Jury minutes, 122, 316 Interpreters, usually very incompetent, 239 difficulty of cross-examining through, 239 Irresistible impulses not recognized by present New York test of responsibility, 359 Johnson, Richard, words of, before sentence, 262 Judge, The (Chapter X), functions of, 178 most difficult function of, to impose sentence, 178, 179 his conduct during trial, 179 may "sum up" in England but not here, 179, 337 his business practically to "even things up," 182 should interrogate witnesses, 182 difference between his theoretical and practical functions, 179, 182 should not interfere with jury on questions of fact, 183 able to convey opinion to jury despite the law to contrary, 184 most judges too lenient, 187, 195, 196 tendencies often well known, 187, 188 want of uniformity in sentences, 189, 199 interference with judges in sentences, 191 matters presented to, in determination of sentence, 192, 193 restitution considered by, in sentencing, 195 reasons for leniency, 195, 196 fear of reversal, 196 Judge, impression that judge is easy-going or subject to influence conduces to lawlessness, 197 judicial propriety desirable, 198 sometimes gives benefit of reasonable doubt after conviction, 199, 200 inequality in punishment, 200-202 no place for weak judge, 204 when a law-breaker, 210 responsibility of, in sentencing, 261, 272 Judgment, arrest of, 269 Jury, Grand (Chapter VI) power to hold for, by magistrate, 47 indict as matter of course, 56 indictment must precede trial for felony, 81 composition of, 81, 82 finding true bill by, 82 is archaic, 82 procedure by information in states where there is no grand jury, 82 first record of Grand Jury proceeding in New York, 82, 83 number of persons held for, in last six years, 85 how chosen, 86 charged by judge, 87 calendar of, prepared by district attorney, 87 nature of proceedings before, 90 may send for witnesses, 91 relieves district attorney of responsibility for failure to prosecute, 91 historical development of, (footnote) 92-95 irregularities before, 93 power as general inquisitorial body, 93, 94 power of, vast, 94 tendency to exceed powers, 95, 96 presentment by (see Presentment), 96, 97 why not abolish? 99 original necessity for, has disappeared, 98, 99 one purpose only for which it should be continued, 98, 101 original advantage of, 99 out of harmony with present institutions, 99 few cases originate before, 100 abolished in certain states, 100 subpœnas to appear before 115 description of proceeding before, 116-118 delay before, 119 indict for "murder" in most homicide cases, 174 Jury, Petit (Chapter XI), trial before, after indictment, 56 disinclination of, to convict, 57 find it difficult not to be prejudiced by defendant's failure to testify, 160, 161 improves with service, 169 see little of professional criminals, 148, 169 inclined to take law in its own hands in trivial cases, 171, 172 inclined to convict on substantial evidence in serious cases, 172 petty offender profits by lawlessness of, 172 why efficient in criminal cases, 172 when at its best, 173 apt to acquit early in term, 173 percentage of convictions to acquittals by, 175, 176 function of, 205 capacity of, 205 apt to usurp functions of judge, 206 English jury more satisfactory, 206 have little regard for law here, 207, 208 inaccuracy of verdicts by, 209 reason for arbitrariness on part of, 209 attitude of, toward different crimes, 211, 212 have small regard for life, 209, 213 time require to select, in homicide case, 215 futility of wasting time in selection of, 215 some examination of, imperative, 216 method of escaping service on, 217 often contains officious members, 219 desirability of homogeneity in, 219, 220 eleven jurors should find verdict, 221, 222 favors defendant, 222 practically successful, 223 first member of, selected is foreman, 243 take time before returning verdict, 253 deliberations of secret, 254 failure in duty by, 255 the influence of one strong-minded member upon, 255, 256 effect on, of women's evidence, 293 effect of appeals to sympathy, 322 disregard the law in applying test of criminal responsibility, 360-366 Jury system, works best in criminal cases, 192 a practical success, 223 works "substantial justice," 223 brought in contempt by sentimental or lawless acquittal, 343, 344 Jurisdiction, of magistrate, 47 of courts tested by habeas corpus, 43, 47 Larceny, magistrate compelled to hold defendant for higher court in all cases of, 48 summary jurisdiction of magistrate should be extended to petit larceny, 48 now frequently treated in police courts as disorderly conduct, 49 form of indictment for, 88 grand, value necessary to constitute, 102 Lawyers, retained to advise prospective criminals, 10 seek to postpone rather than hasten trials, 152 business of, to create reasonable doubt, 304 (See Shysters) Legal Aid Society, 77 "Legal" insanity, 354, 360-366 Levy, Abraham, 323 Lincoln, Abraham, advice of, 326 Liquor Tax cases, the bane of Special Sessions, 69 few convictions for violation of (see note), 210 juries reluctant to convict in, 70, 209, 210 Livingston, case of, 13 Magistrates, broad power of, 43, 48 committment by, 45 how regarded by humble classes, 46 number of cases disposed of yearly by, 46 jurisdiction of, 46, 47, 48 power to hold for higher court of, 47, 85 jurisdiction of, should be extended over petit larceny and simple assault, 48, 49, 57 jurisdiction of, over breach of peace, 49 tendency of, to hold for higher courts rather than spend time for examination, 56 power of, for good, 58 close contact of, with police, 58 appointment of, generally political, 59 (See Police Courts) Mala prohibita, as distinguished from mala in se, 6 illustrations of, 10 Manhattan Bank, case of, 254 Mayhem, crime of, 316 McCord, People vs., case of, 12 McNaughten's case, 353 doctrine of, 354 "Medical" insanity and "legal" insanity, 354, 365 Miller and "The Franklin Syndicate," 26 Misdemeanors (Chapter V), may be morally worse than felonies, 6 illustrations of what are, in New York state, 10 distinction between, and felony often without merit, 30 tried in Special Sessions, 85 (See Special Sessions) Mock Duck, case of, 218, 318, 319 Moran, trial of, 216 Morse-Dodge divorce case, 320, 322 Motions, for delay in proceedings, 316, 317 New trial, motion for, at sentence, 276 "Not proven," inadvisability of a verdict of, 244, 245 Nott, Charles C., "In the District Attorney's Office," 155 cases cited by 162, 166 quoted on defendant's failure to testify, 163 Oath, in police court, 112 before Grand Jury, 118 Omissions, usually not crimes, 10 illustrations of, 10 Osborne, James W., 328 Parker, Mabel, case of, 330 Parole. See Suspended Sentence Patterson, Nan, case of, 299, 301, 335 Pedigree, taking of, 155, 248, 252 Perjury, crime of, 224, 225 large amount of, among defendants' witnesses, 225 false answer in taking pedigree is perjury, 251 women more ready to commit, than men, 285 in defendant's own testimony, 311 Plea, in Court of Special Sessions, 63, 120 in abatement, 92 of "guilty," "not guilty," and "autrefois acquit," 92 withdrawal of, 155 benefit of clergy, 266-269 of "insanity" should be compulsory, where defense is anticipated, 373 Police Courts (Chapter IV). See Magistrates right of arrested to immediate hearing in, 43, 85 right to counsel in, 43 attitude in, toward defendants, 44 description of, 44, 109 harsh treatment in, 45 proportion of cases there disposed of summarily, 45 great importance of, 45 a day's work in, 50, 56 proceedings in, 110, 111 delay in, 113 Police headquarters, described, 32 Police judge. See Magistrate Police officers, great awe of persons in general for, 31 right to arrest (see Arrest) contact with magistrate, 58 assault on, 70 the police sergeant, 107 Police station, proceeding in, 107 "Policy," business of, 319 (See Al. Adams) Polling, of jury, 247 "Poor Man's Court of Appeals, The." See Police Courts. Prescott, quoted on integrity of judges among Aztecs, 198 Presentments, by Grand Jury, 96 often unnecessary and frivolous, 97, 98 Press, sensational press fosters crime, 334, 338 domination of court room by, 347 trial by, 347, 348 Property clerk, at police headquarters, 132, 134, 137, 138, 146, 147 at district attorney's office, 134 Prosecutor, effect of experience on, 4 often protects accused from shysters, 78 delicate position of, when informed of facts inadmissible in evidence, 166 allowed small latitude, 337 (See District Attorney) Punishment, unfair apportionment of, under the law, 26 once a matter of private vengeance, 32 now for protection of public safety, 32 desire for punishment of accused still moving cause of most prosecutions, 32 imposed by magistrate, 47 inequality in, the exception, 200 (See Sentences) Purdy, Ambrose H., 324 Questions of House of Lords to English Judges after McNaughten's case, 354 Reasonable doubt, definition of, 160 giving benefit of, after conviction, 199, 200 difficulty in finding guilt beyond, 244, 245 defendant entitled to benefit of, 304 certificate of, 346 Recognizance, form of (see Bail), 127 Recommendation, cases dismissed on, of district attorney, without trial, 170 ground of, 170, 171 to mercy by jury, 245 to mercy usually considered by jurors as part of verdict, 245 to mercy, facilitates agreement, 246 "Red Tape" (Chapter VIII), at police headquarters, 137, 138, 144, 147 at district attorney's office, 140, 143 (See Delays) Requests, to charge, 339 Reversals of convictions, effect on community of, 198 number of, on appeal, 339, 340 rare on technical grounds in New York state, 339 usually fault of trial judge, 340 "Ringers," 318-320 "Runners," methods of, 73, 75 Scannell, John J., case of, 92 Schorling, J. Holt, quoted, table of increase and decrease in specific crimes, 20 Sentences (Chapter XIV), want of uniformity in, 189, 199 judges too lenient in, 187, 195 matters considered by judge in imposing, 192, 195 impossible to secure equality in, 200, 202 table showing sentences for different crimes, 201, 202 might be imposed by judges en banc, 203 for perjury, heavy, 224 jury would be more severe in, than judge, 245 for murder fixed by law, 261 great responsibility of judge in matter of, 261 to life imprisonment, 264 of death in all felony cases, formerly, 265 Sentences, motions to arrest judgment, 269, 270 appeal for clemency before, 271, 272 little mercy to old offenders in, 272 (See Indeterminate Sentences) remarks of judge at time of, 274, 275 lightness of, 275 advantages of short sentences, 275 "Shysters," methods of, 58, 74-80, 122, 327 (See Tricks of the trade) "Sick engineers," 14, 170 never plead guilty, 170 Special panel, 173 Special Sessions, Court of (see Misdemeanors), information in, 48 power to try petit larceny cases, 48 old court of, 62 present composition of, 62 number of cases disposed of in, 62, 63 procedure in bringing cases before, 63 speedy trial in, 63 jurisdiction of, 64, 65 rapidity of procedure in, 65, 66 Liquor tax cases in, 69 attitude of, toward assaults on police officers, 70 practically final court of disposition for misdemeanor, 71 important cases often tried therein, 71 efficiency of, 62, 72 lawyers in, 72, 73 menace of "shysters" in Special Sessions and police courts, 79, 80 Statutes, multiplicity of, undesirable 12 "to prevent blindness," 15 punishing contempt, 348 Stay, of proceedings, 317 Stolen property, recovery of, by owner. See Red Tape innocently receiving, 329 Street walkers, 75, 76, 77 Subpœnas, served by district attorney for Grand Jury, 87 Summerfield, "Larry," 14, 26, 27 Sweetser, William A., 321 Supreme Court, Criminal Term, tries most of homicide cases, 174 Suspended sentences, in large number of cases against first offenders, 195, 261 Technicalities, reversal on technical grounds, 339, 340 Technicalities, means to abolish, 347 Test of criminal responsibility, 353 proposed new tests, 360-368 Thayer, J.B., on historical development of Grand Jury (footnote), 92, 95 cited, 221, 301 Thaw, case of H.K., 350, 370 "Tombs," The, 115 Tricks of the Trade (Chapter XVI), of the successful practitioner, 303 bolder than in civil courts, 304 inducing complainant to withdraw charge, 309, 310 securing adjournments, 310 persuading court that case is trivial, 310 obtaining immediate hearing to find out People's evidence, 311 waiving examination to conceal defendant's case, 311 which are utilized after magistrate has held accused, 314 securing permission for defendant to appear before Grand Jury, 314 securing delay in trial, 314 introducing "ringers" in place of real defendant, 318-320 attempt to have witnesses identify dummies, 321, 322 appeals to sympathy of jury, 305, 307, 322 offer to "take first twelve" jurors, 323 obtaining one favorable juror, 323 getting members of same race as defendant on jury, 324 gaining good will of jury by chance remark, 325 defendant's counsel intentionally appearing intoxicated, 325 supplying missing evidence in counsel's opening or closing, 326, 328 getting one of two defendants to take entire blame, 328, 332 most of them unsuccessful, 333 True bill. See Indictment Twitchell, case of, 282, 283 Verdicts (Chapter XIII), lack of accuracy in, 209 arbitrariness of, 209 form of, 243 procedure in rendering, 244 difficulty in reaching, 244, 245 of murder in first degree rare, 246 how received by defendants, 246, 247 slowness in reaching, 253 Verdicts, in Manhattan Bank case, 255 by eleven jurors, advisability of, 347 Voir dire, 305, 324 Warren, Chas. D., definition of criminals by, 19, 24 within the definition, 24 "Watch, The," 109 Wellman's "Art of Cross-Examination," 282, 287, 298, 299 Wigmore, Professor John H. See Introduction "Wire tappers," wire tapping described, 14 (See McCord and Livingston and Tompkins cases) Witnesses (Chapter XII). See Evidence. value of testimony of, 224 original capacity of, for observing correctly, 225 children make remarkable, 225, 226 often honestly mistaken, 226 present stronger testimony in court than upon preliminary examination, 228 unconscious amplification by, 229, 230 fallibility of the honest witnesses, 230 recollect impossible details, 232 who refresh recollection, 233 ultimate test of value of testimony of, 236 physical condition of important, 236 to be convincing must be positive, 237 the most effective witness with jury, 237 measurement of time by, 238 difficulty of finding language comprehensible to, 238, 239 difficulty with foreign, 239 Wood, Fernando, 319 Women in the Courts (Chapter XV), sentences of, table, 202 their evidence originally regarded with suspicion, 279-281 men said to rely on power of 281 Women in the Courts, reason, women on intuition, 281 do not differ from men in original capacity to observe, 282 confuse knowledge with imagination and belief, 282 illustration, 283 their habit of stating inference, 283 more ready to swear testimony through than men, 284 more ready to commit perjury than men, 285 often make remarkable witnesses, 285 frequently couple with answer statement damaging to defendant, 285 silent cross-examination of, the most effective, 286 old women simulating stupidity the most dangerous, 288 more difficult to cross-examine than men, 291, 292 testimony of, little different from men's, 292 number of, indicted and tried, 292 number of complaints by, 292 tried by opposite sex, 293 more likely to persuade jury than men 293, 295 effect of beauty of, on jury, 295 juries apt to be more lenient with, 296 no woman has suffered death penalty in this country in twenty years, 299 number of, convicted in proportion to those indicted compared with men, 299, 300 number of, prosecuted, few, 300, 301 earliest case on record of prosecution of woman for murder, 301 larger proportion of, charged with murder, than men convicted, 334 false popular impression that few women are convicted, 334 Wrongs, relation of, to crime, 1,2, 3 huge number of, not crimes at all, 7