berty would degenerate into license. That is the point. We
Americans, or at least some of the newer ones of us, have an idea that
"liberty" means the right to steal apples from our neighbor's orchard
without interference. Now, somewhere or other, there has got to be a
switch and a strong arm to keep us in order, and the switch and arm must
not wait until the apples are stolen and eaten before getting busy. If
we come climbing over the fence sweating apples at every pore, is Farmer
Jones to go and count his apples before grabbing us?

The most presumptuous of all presumptions is this "presumption of
innocence." It really doesn't exist, save in the mouths of judges and in
the pages of the law books. Yet as much to-do is made about it as if
it were a living legal principle. Every judge in a criminal case is
required to charge the jury in form or substance somewhat as follows:
"The defendant is presumed to be innocent until that presumption is
removed by competent evidence"... "This presumption is his property,
remaining with him throughout the trial and until rebutted by the
verdict of the jury."... "The jury has no right to consider the fact
that the defendant stands at the bar accused of a crime by an indictment
found by the grand jury." Shades of Sir Henry Hawkins! Does the judge
expect that they are actually to swallow that? Here is a jury sworn "to
a true verdict find" in the case of an ugly looking customer at the bar
who is charged with knocking down an old man and stealing his watch. The
old man--an apostolic looking octogenarian--is sitting right over there
where the jury can see him. One look at the plaintiff and one at the
accused and the jury may be heard to mutter, "He's guilty,--all right!"

"Presumed to be innocent?" Why, may I ask? Do not the jury and everybody
else know that this good old man would never, save by mistake, accuse
anybody falsely of crime? Innocence! Why, the natural and inevitable
presumption is that the defendant is guilty! The human mind works
intuitively by comparison and experience. We assume or presume with
considerable confidence that parents love their children, that all
college presidents are great and good men, and that wild bulls are
dangerous animals. We may be wrong. But it is up to the other fellow to
show us the contrary.

Now, if out of a clear sky Jones accuses Robinson of being a thief we
know by experience that the chances are largely in favor of Jones's
accusation being