at in the box he almost always shares that feeling. If the
case is not one he has heard of or discussed, he can easily tell by the
actions and surroundings of the court room how public feeling lies. All
lawyers know how readily men feel the sentiment of a court room and how
much easier is the task when the sentiment is their way. Juries are also
apt to have an undue regard for the opinion of the judge. In spite of
the fact that it is their province to pass upon the facts, they are very
watchful of all the judge says and does and are prone to decide a case
as they believe the judge wishes it to be decided. Even when the judge
is not permitted to express any opinions on the facts involved, it is
difficult for him to hide his real feelings, and when his desire is
strong for either side it is easy to make his opinions known.

A jury is more apt to be unbiased and independent than a court, but they
very seldom stand up against strong public clamor. Judges naturally
believe the defendant is guilty. They feel that the fact that an
indictment has been found is a strong presumption against the accused.
The judge regards himself as a part of the administration of justice and
feels that it is a part of his duty to see that no guilty man escapes.
Generally, in the administration of the court he is very closely
connected with the state's attorney and naturally believes that the
attorney would not have procured an indictment, much less pushed a
trial, unless the defendant was guilty.

The whole atmosphere of the court at the time of the trial calls for a
harsher and more drastic dealing with a defendant than would naturally
prevail after the feeling has passed away. For this reason, the
pardoning power is given to the chief executive to correct errors or
undue harshness after the legal proceedings have been finished. Often
after months or years, the persons or family who have suffered at the
hands of the defendant feel like reversing their judgment or extending
charity, and it is not unusual that the prosecutor and judge who
conducted the case ask for leniency and a mitigation of the sentence is
imposed. So often is an appeal made and so frequently is it felt just to
grant clemency, that this part of the duty of the chief executive has
grown to be very burdensome and really impossible for him thoroughly to
perform. The policy of the law is further to give a prisoner some
consideration and in cases of good behavior and mitigating circ