do so.
Mrs. Parker, seeing the force of this ocular demonstration, grasped her
counsel's arm and cried out: "For God's sake, don't let him do it!" The
lawyer objected, the objection was sustained, but the case was saved.
Why, the jury argued, should the lawyer object unless the making of such
a forgery were in fact an easy matter?
In desperate cases, desperate men will take desperate chances. The
traditional instance where the lawyer, defending a client charged with
causing the death of another by administering poisoned cake, met the
evidence of the prosecution's experts with the remark: "This is my
answer to their testimony!" and calmly ate the balance of the cake, is
too familiar to warrant detailed repetition. The jury retired to the
jury-room and the lawyer to his office, where a stomach pump quickly put
him out of danger. The jury is supposed to have acquitted.
Such are some of the tricks of the legal trade as practised in its
criminal branch. Most of them are unsuccessful and serve only to relieve
the gray monotony of the courts. When they achieve their object they add
to the interest of the profession and teach the prosecutor a lesson by
which, perhaps, he may profit in the future.
CHAPTER IX. What Fosters Crime
To lack of regard for law is mainly due the existence of crime, for a
perfect respect for law would involve entire obedience to it. Yet crime
continues and from time to time breaks forth to such an extent as
to give ground for a popular impression that it is increasing out
of proportion to our growth as a nation. Now, while it may be fairly
questioned whether there is any actual increase of crime in the United
States, and while, on the contrary, observation would seem to show
an actual decrease, not only in crimes of violence, but in all major
crimes, there nevertheless exists to-day a widespread contempt for the
criminal law which, if it has not already stimulated a general increase
of criminal activity, is likely to do so in the future. This contempt
for the law is founded not only upon actual conditions, but also upon
belief in conditions erroneously supposed to exist, which is fostered by
current literature and by the sensational press.
Thus, as has already been pointed out, while it is popularly believed
that women are almost never convicted of crime, and particularly of
homicide, the fact is, at least in New York County, that a much greater
proportion of women charged with murder
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