of a different
character. They realize that the complainant, feeling that she has been
injured, may be inclined to color her testimony, perhaps unconsciously,
until the wrong becomes a crime.

An ordinary example of this variety of prosecution is where the witness
is a young woman from the East Side, usually a Polish or Russian Jewess,
who charges the defendant, a youth of about her own age, with stealing
her money by means of false pretences. They have been engaged to be
married, and she has turned over her small savings to him to purchase
the diamond ring and perhaps set him up in a modest business of his
own. He has then fallen in love with some other girl, has broken the
engagement, and the ring now adorns the fourth finger of her rival. Her
money is gone. She is without a dot. She hurries with her parents
and loudly vociferating friends to the Essex Market Police Court, and
secures a warrant for the defendant on the theory that he defrauded
her by "trick and device" or "false representations." Usually the only
"representation" has been a promise to marry her. Her real motive is
revenge upon her faithless fiance. In nine cases out of ten the fellow
is a cad, who has deliberately deserted her after getting her money, but
it is doubtful whether any real crime is involved.

If the judge lets the case go to the jury it is a pure gamble as to
what the result will be, and it may largely turn on the girl's physical
attractiveness. If she be pretty and demure a mixture of emotions
is aroused in the jury. "He probably did love her," say the twelve,
"because any one would be likely to do so. If he did love her, of course
he didn't falsely pretend to do so; but if he deserted a woman like that
he ought to be in jail anyway." Thus the argument that ought to acquit
in fact may convict the defendant. If the rival also is pretty, hopeless
confusion results; while if the complainant be a homely girl the jury
feels that he must have intended to swindle her anyway, as he could
never have honestly intended to marry her. Thus in any case the Lothario
is apt to pay a severe penalty for his faithlessness.

The man prosecuted by a woman, provided she cannot be persuaded to
withdraw the charge against him, is likely to get but cold consideration
for his side of the story and short shrift in the jury-room. Turn about,
if he can get a young and attractive woman to swear to his alibi or good
reputation the honest masculine citizen whom he h