Women appear in the criminal courts constantly as witnesses, although less frequently as complainants and defendants1. As complainants are always witnesses, and as defendants may, and in point of fact generally do become so, whatever generalizations3 are possible regarding women in courts of law can most easily be drawn4 from their characteristics as givers of testimony5. Roughly speaking, women exhibit about the same idiosyncrasies and limitations in the witness-chair as the opposite sex, and at first thought one would be apt to say that it would be fruitless and absurd to attempt to predicate any general principles in regard to their testimony, but a careful study of female witnesses as a whole will result in the inevitable6 conclusion that their evidence has virtues8 and limitations peculiar9 to itself.
The ancient theory that woman was man's inferior showed itself in the tendency to reject, or at least to regard with suspicion, her evidence in legal matters.
"The following law," says W.M. Best, "is attributed to Moses by Josephus: 'Let the testimony of women not be received on account of the levity[Pg 280] and audacity10 of their sex'; a law which looks apocryphal11, but which, even if genuine, could not have been of universal application.... The law of ancient Rome, though admitting their testimony in general, refused it in certain cases. The civil and canon laws of medi?val Europe seem to have carried the exclusion12 much further. Mascardus says: 'Feminis plerumque omnino non creditur, et id dumtaxat, quod sunt femin?, qu? ut plurimum solent esse fraudulent?, fallaces, et dolos?' [Generally speaking, no credence13 at all is given to women, and for this reason, because they are women, who are usually deceitful, untruthful, and treacherous14 in the very highest degree]. And Lancelottus, in his 'Institutiones Juris Canonici,' lays it down in the most distinct terms, that women cannot in general be witnesses, citing the language of Virgil: 'Varium et mutabile semper femina.' ...
"Bruneau, although a contemporary of Madame de Sévigné, did not scruple16 to write, in 1686, that the deposition17 of three women was only equal to that of two men. At Berne, so late as 1821, in the Canton of Vaud, so late as 1824, the testimony of two women was required to counterbalance that of one man.... A virgin18 was entitled to greater credit than a widow.... In the 'Canonical19 Institutions of Devotus,' published at Paris in 1852, it is distinctly stated that, except in a few peculiar instances, women are not competent witnesses in criminal cases. In Scotland also, until the beginning of the eighteenth century, sex was a cause of exclusion from the witness-box in the great majority of instances."
Cockburn in his Memoirs20 tells of an incident dur[Pg 281]ing the trial of Glengarry, in Scotland, for murder in a duel21, which is, perhaps, explicable by this extraordinary attitude:—A lady of great beauty was called as a witness and came into court heavily veiled. Before administering the oath, Lord Eskgrove, the judge (to whom this function belongs in Scotland), gave her this exposition of her duty:
"Young woman, you will now consider yourself as in the presence of Almighty22 God and of this High Court. Lift up your veil, throw off all your modesty23, and look me in the face."
Whatever difference does exist in character between the testimony of men and women has its root in the generally recognized diversity in the mental processes of the two sexes. Men, it is commonly declared, rely upon their powers of reason; women upon their intuition. Not that the former is frequently any more accurate than the latter. But our courts of law (at least those in English-speaking countries) are devised and organized, perhaps unfortunately, on the principle that testimony not apparently24 deduced by the syllogistic25 method from the observation of relevant fact is valueless, and hence woman at the very outset is placed at a disadvantage and her usefulness as a probative force sadly crippled.
The good old lady who takes the witness-chair and swears that she knows the prisoner took her purse has perhaps quite as good a basis for her opinion and her testimony (even though she cannot give a single reason for her belief and becomes hopelessly confused on cross-examination) as the man who reaches the same conclusion ostensibly by virtue7 of having seen the defendant2 near by, observed his[Pg 282] hand reaching for the purse, and then perceived him take to his heels. She has never been taught to reason and has really never found it necessary, having wandered through life by inference or, more frankly27, by guesswork, until she is no longer able to point out the simplest stages of her most ordinary mental processes.
As the reader is already aware, the value of all honestly given testimony depends first upon the witness's original capacity to observe the facts; second upon his ability to remember what he has seen and not to confuse knowledge with imagination, belief or custom, and lastly, upon his power to express what he has, in fact, seen and remembers.
Women do not differ from men in their original capacity to observe, which is a quality developed by the training and environment of the individual. It is in the second class of the witness's limitations that women as a whole are more likely to trip than men, for they are prone28 to swear to circumstances as facts, of their own knowledge, simply because they confuse what they have really observed with what they believe did occur or should have occurred, or with what they are convinced did happen simply because it was accustomed to happen in the past.
Perhaps the best illustration of the female habit of swearing that facts occurred because they usually occurred, was exhibited in the Twitchell murder trial in Philadelphia, cited in Wellman's "Art of Cross-Examination." The defendant had killed his wife with a blackjack, and having dragged her body into the back yard, carefully unbolted the gate leading to the adjacent alley30 and, retiring to the house, went to bed. His purpose was to create the impres[Pg 283]sion that she had been murdered by some one from outside the premises31. To carry out the suggestion, he bent32 a poker33 and left it lying near the body smeared34 with blood. In the morning the servant girl found her mistress and ran shrieking35 into the street.
At the trial she swore positively36 that she was first obliged to unbolt the door in order to get out. Nothing could shake her testimony, and she thus unconsciously negatived the entire value of the defendant's adroit37 precautions. He was justly convicted, although upon absolutely erroneous testimony.
The old English lawyers occasionally rejected the evidence of women on the ground that they are "frail38." But the exclusion of women as witnesses in the old days was not for psychological reasons, nor did it originate from a critical study of the probative value of their testimony.
Though the conclusions to which women frequently jump may usually be shown by careful interrogation to be founded upon observation of actual fact, their habit of stating inferences often leads them to claim knowledge of the impossible—"wiser in [their] own conceit40 than seven men that can render a reason."
In a very recent case where a clever thief had been convicted of looting various apartments in New York City of over eighty thousand dollars' worth of jewelry41, the female owners were summoned to identify their property. The writer believes that in every instance these ladies were absolutely ingenuous42 and intended to tell the absolute truth. Each and every one positively identified various of the loose stones found in the possession of the prisoner[Pg 284] as her own. This was the case even when the diamonds, emeralds and pearls had no distinguishing marks at all. It was a human impossibility actually to identify any such objects, and yet these eminently43 respectable and intelligent gentlewomen swore positively that they could recognize their jewels. They drew the inference merely that as the prisoner had stolen similar jewels from them these must be the actual ones which they had lost, an inference very likely correct, but valueless in a tribunal of justice.
Where their inferences are questioned, women, as a rule, are much more ready to "swear their testimony through" than men. They are so accustomed to act upon inference that, finding themselves unable to substantiate44 their assertion by any sufficient reason, they become irritated, "show fight," and seek refuge in prevarication45. Had they not, during their entire lives, been accustomed to mental short-cuts, they would be spared the humiliation46 of seeing their evidence "stricken from the record."
One of the ladies referred to testified as follows:
"Can you identify that diamond?"
"I am quite sure that it is mine."
"How do you know?"
"It looks exactly like it."
"But may it not be a similar one and not your own?"
"No; it is mine."
"But how? It has no marks."
"I don't care. I know it is mine. I SWEAR IT IS!"
The good lady supposed that, unless she swore to the fact, she might lose her jewel, which was, of[Pg 285] course, not the case at all, as the sworn testimony founded upon nothing but inference left her in no better position than she was in before.
The writer regrets to say that observation would lead him to believe that women as a rule have somewhat less regard for the spirit of their oaths than men, and that they are more ready, if it be necessary, to commit perjury47. This may arise from the fact that women are fully29 aware that their sex protects them from the same severity of cross-examination to which men would be subjected under similar circumstances. It is to-day fatal to a lawyer's case if he be not invariably gentle and courteous48 with a female witness, and this is true even if she be a veritable Sapphira.
In spite of these limitations, which, of course, affect the testimony of almost every person, irrespective of sex, women, with the possible exception of children, make the most remarkable49 witnesses to be found in the courts. They are almost invariably quick and positive in their answers, keenly alive to the dramatic possibilities of the situation, and with an unerring instinct for a trap or compromising admission.
A woman will inevitably50 couple with a categorical answer to a question, if in truth she can be induced to give one at all, a statement of damaging character to her opponent. For example:
"Do you know the defendant?"
"Yes,—to my cost!"
Or:
"How old are you?"
"Twenty-three,—old enough to have known better than to trust him."
[Pg 286]
Forced to make an admission which would seem to hurt her position, the explanation, instead of being left for the re-direct examination of her own counsel, is instantly added to her answer then and there.
"Do you admit that you were on Forty-second Street at midnight?"
"Yes. But it was in response to a message sent by the defendant through his cousin."
What is commonly known as "silent cross-examination" is generally the most effective. The jury realize the difficulties of the situation for the lawyer, and are not unlikely to sympathize with him, unless he makes bold to attack the witness, when they quickly change their attitude.
One question, and that as to the witness's means of livelihood51, is often sufficient.
"How do you support yourself?"
"I am a lady of leisure!" replies the witness (arrayed in flamboyant52 colors) snappishly.
"That will do, thank you," remarks the lawyer with a smile. "You may step down."
"What do you do for a living?" he asked.
The witness, a rather deceptively arrayed woman, turned upon him with a glance of contempt:
"I am a respectable married woman, with seven children," she retorted. "I do nothing for a living except cook, wash, scrub, make beds, clean windows, mend my children's clothes, mind the baby, teach the four oldest their lessons, take care of my husband, and try to get enough sleep to be up by five in the morning. I guess if some lawyers worked as[Pg 287] hard as I do they would have sense enough not to ask impertinent questions."
An amusing incident is recorded of how a feminine witness turned the laugh upon Mr. Francis L. Wellman, the noted54 cross-examiner. In his book he takes the opportunity to advise his lawyer readers to "avoid the mistake, so common among the inexperienced, of making much of trifling55 discrepancies56. It has been aptly said," he continues, "that 'juries have no respect for small triumphs over a witness's self-possession or memory!' Allow the loquacious57 witness to talk on; he will be sure to involve himself in difficulties from which he can never extricate58 himself. Some witnesses prove altogether too much; encourage them and lead them by degrees into exaggerations that will conflict with the common-sense of the jury."
Mr. Wellman is famous for following this precept59 himself and, with one eye significantly cast upon the jury, is likely to lead his witness a merry dance until the latter is finally "bogged60" in a quagmire61 of absurdities62. Not long ago, shortly after the publication of his book, the lawyer had occasion to cross-examine a modest-looking young woman as to the speed of an electric car. The witness seemed conscious that she was about to undergo a severe ordeal63, and Mr. Wellman, feeling himself complete master of the situation, began in his most winsome64 and deprecating manner:
"And how fast, Miss ——, would you say the car was going?"
"I really could not tell exactly, Mr. Wellman."
"Would you say that it was going at ten miles an hour?"
[Pg 288]
"Oh, fully that!"
"Twenty miles an hour?"
"Yes, I should say it was going twenty miles an hour."
"Will you say it was going thirty miles an hour?" inquired Wellman with a glance at the jury.
"Why, yes, I will say that it was."
"Will you say it was going forty?"
"Yes."
"Fifty?"
"Yes, I will say so."
"Seventy?"
"Yes."
"Eighty?"
"A hundred?" inquired the lawyer with a thrill of eager triumph in his voice.
There was a significant hush67 in the court-room. Then the witness, with a patient smile and a slight lifting of her pretty eyebrows68, remarked quietly:
"Mr. Wellman, don't you think we have carried our little joke far enough?"
There is no witness in the world more difficult to cope with than a shrewd old woman who apes stupidity, only to reiterate69 the gist26 of her testimony in such incisive70 fashion as to leave it indelibly imprinted71 on the minds of the jury. The lawyer is bound by every law of decency72, policy and manners to treat the aged73 dame15 with the utmost consideration. He must allow her to ramble74 on discursively75 in defiance76 of every rule of law and evidence in answer to the simplest question; must receive im[Pg 289]perturbably the opinions and speculations77 upon every subject of both herself and (through her) of her neighbors; only to find when he thinks she must be exhausted78 by her own volubility, that she is ready, at the slightest opportunity, to break away again into a tangle79 of guesswork and hearsay80, interwoven with conclusions and ejaculation. Woe81 be unto him if he has not sense enough to waive82 her off the stand! He might as well try to harness a Valkyrie as to restrain a pugnacious83 old Irishwoman who is intent on getting the whole business before the jury in her own way.
In the recent case of Gustav Dinser, convicted of murder, a vigorous old lady took the stand and testified forcibly against the accused. She was as "smart as paint," as the saying goes, and resolutely84 refused to answer any questions put to her by counsel for the defence. Instead, she would raise her voice and make a savage85 onslaught upon the prisoner, rehearsing his brutal86 treatment of the deceased on previous occasions, and getting in the most damaging testimony.
"Do you say, Mrs. ——," the lawyer would inquire deferentially87, "that you heard the sound of three blows?"
"Oh, thim blows!" the old lady would cry—"thim turrible blows! I could hear the villain88 as he laid thim on! I could hear the poor, pitiful groans89 av her, and she so sufferin'! 'Twas awful! Howly Saints, 'twould make yer blood run cowld!"
"Stop! stop!" exclaimed the lawyer.
"Ah, stop is it? Ye can't stop me till Oi've had me say to tell the whole truth. I says to me daughter Ellen, says I: 'Th' horrid90 baste91 is afther murther[Pg 290]in' the poor thing,' says I; 'run out an' git an officer!'"
"I object to all this!" shouts the lawyer.
"Ah, ye objec', do ye?" retorts the old lady. "Shure an' ye'd have been after objectin' if ye'd heard thim turrible blows that kilt her—the poor, sufferin', swate crayter! I hope he gits all that's comin' to him—bad cess to him for a blood-thirsty divil!"
The lawyer ignominiously92 abandoned the attack.
The writer recalls a somewhat similar instance, but one even better exhibiting the cleverness of an old woman, which occurred in the year 1901. A man named Orlando J. Hackett, of prepossessing appearance and manners, was on trial, charged with converting to his own use money which had been intrusted to him for investment in realty. The complainant was a shrewd old lady, who, together with her daughter, had had a long series of transactions with Hackett which would have entirely93 confused the issue could the defence have brought them before the jury. The whole contention94 of the prosecution95 was that Hackett had received the money for one purpose and used it for another. During preparation for the trial the writer had had both ladies in his office and remembers making the remark:
"Now, Mrs. ——, don't forget that the charge here is that you gave Mr. Hackett the money to put into real estate. Nothing else is comparatively of much importance."
"Be sure and remember that, mother," the daughter had admonished96 her.
In the course of a month the case came on for trial before Recorder Goff, in Part II of the General[Pg 291] Sessions. Mrs. —— gave her testimony with great positiveness. Mr. Lewis Stuyvesant Chanler, now Lieutenant-Governor of the State, arose to cross-examine her.
"Madam," he began courteously97, "you say you gave the defendant money?"
"I told him to put it into real estate, and he said he would!" replied Mrs. —— firmly.
"I did not ask you that, Mrs. ——," politely interjected Mr. Chanler. "How much did you give him?"
"I told him to put it into real estate, and he said he would!" repeated the old lady wearily.
"But, madam, you do not answer my question!" exclaimed Chanler. "How much did you give him?"
"I told him to put it into real——" began the old lady again.
"Yes, yes!" cried the lawyer; "we know that! Answer the question."
"——estate, and he said he would!" finished the old woman innocently.
"If your Honor please, I will excuse the witness. And I move that her answers be stricken out!" cried Chanler savagely98.
The old lady was assisted from the stand, but as she made her way with difficulty towards the door of the court-room she could be heard repeating stubbornly:
"I told him to put it into real estate,—and he said he would!"
Almost needless to say, Hackett was convicted and sentenced to seven years in State's prison.
To recapitulate99, the quickness and positiveness of women make them ordinarily better witnesses than men; they are vastly more difficult to cross-examine;[Pg 292] their sex protects them from many of the most effective weapons of the lawyer, with the result that they are the more ready to yield to prevarication; and, even where the possibility of complete and unrestricted cross-examination is afforded, their tendency to inaccurately100 inferential reasoning, and their elusiveness101 in dodging102 from one conclusion to another, render the opportunity of little value.
In general, however, women's testimony differs little in quality from that of men, all testimony being subject to the same three great limitations irrespective of the sex of the witness, and the conclusions set forth103 above are merely the result of an effort on the part of the writer to comment somewhat upon those small differences which, under close scrutiny104, may fairly be said to exist. These differences are quite as noticeable at the breakfast-table as in the court-room; and are no more patent to the advocate than to the ordinary male animal whose forehead habitually105 reddens when he hears the unanswerable reason which, in default of all others, explains and glorifies106 the mental action of his wife, sister or mother: "Just because!"
AS COMPLAINANTS AND DEFENDANTS
The ratio of women to men indicted107 and tried for crime is, roughly, about one to ten. Could adequate statistics be procured109, the proportion of female to male complainants in criminal cases would very likely prove to be about the same. In a very substantial proportion, therefore, of all prosecutions110 for crime a woman is one of the chief actors. The law of the land compels the female prisoner to sub[Pg 293]mit the question of her guilt111 or innocence112 to twelve individuals of the opposite sex; and permits the female complainant to rehearse the story of her wrongs before the same collection of colossal113 intellects and adamantine hearts.
The first thing the ordinary woman hastens to do if she be summoned to appear in a court of justice is not, as might be expected, to think over her testimony or try to recall facts obliterated114 or confused by time, but to buy a new hat; and precisely115 the same thing is true of the female defendant called to the bar of justice, whether it be for stealing a pair of gloves or poisoning her lover.
Yet how far does the element of sex defeat the ends of justice? To answer this question it is necessary to determine how far juries are liable to favor the testimony of a woman plaintiff merely because she is a woman, and how far sympathy for a woman arraigned116 as a prisoner is likely to warp117 their judgment118.
As to the first, it is fairly safe to say that a woman is much more likely to win a verdict in a civil court or to persuade the jury that the prisoner is guilty in a criminal case than a man would be in precisely similar circumstances. In most criminal prosecutions for the ordinary run of felonies little injustice119 is likely to result from this. There is one exception, however, where juries should reach conclusions with extreme caution, namely, where certain charges are brought by women against members of the opposite sex. Here the jury is apt to leap to a conclusion, rendered easy by the attractiveness of the witness and the feeling that the defendant is a "cur anyway," and ought to be "sent up."
[Pg 294]
The difficulty of determining, even in one's office, the true character of a plausible120 woman is enhanced tenfold in the court-room, where the lawyer is generally compelled to proceed upon the assumption that the witness is a person of irreproachable121 life and antecedents. Almost any young woman may create a favorable impression, provided her taste in dress be not too crude, and, even when it is so, the jury are not apt to distinguish carefully between that which cries to Heaven and that which is merely "elegant."
When the complaining witness is a woman who has merely lost money through the acts of the defendant, the jury are not so readily moved to accept her story in toto as when the crime charged is 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 pretences122. They have been engaged to be married, and she has turned over her small savings123 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 adorns124 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[Pg 295] he defrauded125 her by "trick and device" or "false representations." Usually the only "representation" has been a promise to marry her. Her real motive126 is revenge upon her faithless fiancé. In nine cases out of ten the fellow is a cad, who has deliberately127 deserted128 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 demure129 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 acquit130 in fact may convict the defendant. If the rival also is pretty, hopeless confusion results; while if the complainant be a homely131 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 prosecuted132 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 alibi134 or good reputation, the honest masculine citizen whom he has defrauded may very likely have to whistle for his revenge. Many a scamp has gone free by producing some sweetly demure maiden135 who faithfully swears that[Pg 296] she knows him to be an honest man. A blush at the psychological moment and a wink136 from the lawyer is quite enough to lead the jury to believe that, if they acquit the defendant, they will "make the young lady happy," whereas if he is convicted she will remain for aye a heart-broken spinster. Like enough she may be only the merest acquaintance.
The writer is not likely to forget a distinguished138 lawyer's instructions to his client—who happened also to be a childhood acquaintance—as she was about to go into court as the plaintiff in a suit for damages:
"I would fold my hands in my lap, Gwendolyn—yes, like that—and be calm, very calm. And, Gwendolyn, above all things, be demure, Gwendolyn! Be demure!"
Gwendolyn was the demurest of the demure, letting her eyes fall beneath their pendant black lashes139 at the conclusion of each answer, and won her case without the slightest difficulty.
The unconscious or conscious influence of women upon the intellects of jurymen has given rise to a very prevalent impression that it is difficult if not impossible successfully to prosecute133 a woman for crime. This feeling expresses itself in general statements to the effect that as things stand to-day a woman may commit murder with impunity140. Experience, supplemented by the official records, demonstrates, however, that, curious as it must seem, the same sentiment aroused by a woman supposed to have been wronged is not inspired in a jury by a woman accused of crime. It is, indeed, true that juries are apt to be more lenient141 with women than with men, but this leniency142 shows itself not in[Pg 297] acquitting143 them of the crimes charged against them, but of finding them guilty in lower degrees.
Of course flagrant miscarriages144 of justice frequently occur, which, by reason of their widespread publicity145 in the press, would seem to justify146 the almost universal opinion that women are immune from the penalties for homicide. It is also true that such miscarriages of justice are more likely when the defendant is a woman than if he be a man.
One of these hysterical147 acquittals which give color to popular impression, but which the writer believes to be an exception, was the case of a young mother tried and acquitted148 for murder in the first degree, December 22, 1904. This young woman, whose history was pathetic in the extreme, was shown clearly by the evidence to have deliberately taken the life of her child by giving it carbolic acid. The story was a shocking one, yet the jury apparently never considered at all the possibility of convicting her, but on retiring to the jury-room spent their time in discussing how much money they should present her on her acquittal.
No better actor ever played a part upon the court-room stage than old "Bill" Howe. His every move and gesture was considered with reference to its effect upon the jury, and the climax149 of his summing-up was always accompanied by some dramatic exhibition calculated to arouse sympathy for his client. Himself an adept150 at shedding tears at will, he seemed able to induce them when needed in the lachrymal glands151 of the most hardened culprit whom he happened to be defending.
Mr. Wellman tells the story of how he was once prosecuting152 a woman for the murder of her[Pg 298] lover, whom she had shot rather than allow him to desert her. She was a parson's daughter who had gone wrong and there seemed little to be said in her behalf. She sat at the bar the picture of injured innocence, with a look of spirituality which she must have conjured153 up from the storehouse of her memories of her father. Howe was rather an exquisite154 so far as his personal habits were concerned, and allowed his finger-nails to grow to an extraordinary length. He had arranged that at the climax of his address to the jury he would turn and, tearing away the slender hands of his client from her tear-stained face, challenge the jury to find guilt written there. Wellman was totally unprepared for this and a shiver ran down his spine155 when he saw Howe, his face apparently surcharged with emotion, turn suddenly towards his client and roughly thrust away her hands. As he did so he embedded156 his finger-nails in her cheeks, and the girl uttered an involuntary scream of nervous terror and pain that made the jury turn cold.
"Look, gentlemen! Look in this poor creature's face! Does she look like a guilty woman? No! A thousand times no! Those are the tears of innocence and shame! Send her back to her aged father to comfort his old age! Let him clasp her in his arms and press his trembling lips to her hollow eyes! Let him wipe away her tears and bid her sin no more!"
The jury acquitted, and Wellman, aghast, followed them downstairs to inquire how such a thing were possible. The jurors said that they had agreed to disclose nothing of their deliberations.
"But," explained Wellman, "you see, in a way I am your attorney, and I want to know how to do[Pg 299] better next time. She had offered to plead guilty if she could get off with twenty years!"
The abashed157 jury slunk downstairs in silence and the secret of their deliberations remains158 as yet untold159.
In spite of such cases, where guilty women have been acquitted through maudlin160 sentiment or in response to popular clamor, nothing could be more erroneous than the idea that few women who are brought to the bar of justice are made to suffer for their offences. Thus, although no woman has suffered the death penalty in New York County in twenty years, the average number of convictions for crime is practically the same for women as for men in proportion to the number indicted. The last unreversed conviction of a woman for murder in the first degree was that of Chiara Cignarale, in May, 1887. Her sentence was commuted162 to life imprisonment163. Since then thirty women have been actually tried before juries for homicide with the following results:
Convicted of murder in first degree 0
" " murder in second degree 3
" " manslaughter in first degree 10
" " manslaughter in second degree 10
Acquitted 7
——
Total 30
The percentage of convictions to acquittals is as follows:
Convictions Acquittals Convictions Per Cent Acquittals Per Cent
1887-1907 23 7 77 23
It is distinctly interesting to compare this with the table showing the results of all the homicide trials for the past eight years irrespective of the sex of the defendants:
[Pg 300]
Convictions Acquittals Convictions Per Cent Acquittals Per Cent
1900 5 12 29 71
1901 17 17 50 50
1902 15 11 58 42
1903 24 8 75 25
1904 19 14 58 42
1905 18 13 58 42
1906 21 22 49 51
1907 16 10 62 38
The reader will observe that the percentage of convictions to acquittals of women defendants averages twenty-two per cent greater than the percentage for both sexes. A more elaborate table would show that where the defendants are men there are a greater proportionate number of acquittals, but more verdicts in higher degrees. A verdict of manslaughter in the second degree in the case of a man charged with murder is infrequent, but convictions of murder in the second degree are exceedingly common.
The reason for the higher percentage of convictions of women is that fewer women who commit crime are prosecuted than men, and that they are rarely indicted unless they are clearly guilty of the degree of crime charged against them; while practically every man who is charged with homicide and who, it seems, may be found guilty is indicted for murder in the first degree.
The trial of women for crime invariably arouses keen public interest, and the dethronement of a Czar, or the assassination164 of an Emperor, pales to insignificance165 before the prosecution of a woman for murder. Some of this interest is fictitious166 and stimulated167 merely by the yellow press, but a[Pg 301] great deal of it is genuine. The writer remembers attending a dinner of gray-headed judges and counsellors during the trial of Ann Eliza, alias168 "Nan," Patterson, where one would have supposed that the lightest subject of conversation would be not less weighty than the constitutionality of an income tax, and finding to his astonishment169 that the only topic for which they showed any zest170 was whether "Nan" would be found guilty.
One of the earliest, if not the earliest, record of a woman being held for murder is that of Agnes Archer171, indicted by twelve men on April 4, 1435, sworn before the mayor and coroner to inquire as to the death of Alice Colynbourgh. The quaint137 old report begins in Latin, but "the pleadings" are set forth in the language of the day, as follows:
"Agnes Archer, is that thy name? which answered, yes.... Thou art endyted that thou ... feloney moderiste her with a knyff fyve tymes in the throte stekyng, throwe the wheche stekyng the saide Alys is deed.... I am not guilty of thoo dedys, ne noon of hem39, God help me so.... How wylte thou acquite the?... By God and by my neighbours of this town."
The subsequent history of Agnes is lost in obscurity, but since she had to procure108 but thirty-six compurgators who were prepared to swear that they believed her innocent, and as she was at liberty to choose these herself from her native village of Winchelsea, it is probable that she escaped.[44]
Fortunately the sight of a woman, save of the very lowest class, at the bar of justice is rare. The number of cases where women of good environ[Pg 302]ment appear as defendants in the criminal courts in the course of a year may be numbered upon the fingers of a single hand, and, although the number of female defendants may equal ten per cent of the total number of males, not one-tenth of the women brought to the bar of justice have had the benefit of an honest bringing up and good surroundings.
FOOTNOTES:
[44] Cf. Thayer, as cited, supra.
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1
defendants
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| 被告( defendant的名词复数 ) | |
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2
defendant
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| n.被告；adj.处于被告地位的 | |
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3
generalizations
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| 一般化( generalization的名词复数 )； 普通化； 归纳； 概论 | |
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4
drawn
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| v.拖，拉，拔出；adj.憔悴的，紧张的 | |
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testimony
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| n.证词；见证，证明 | |
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6
inevitable
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| adj.不可避免的，必然发生的 | |
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7
virtue
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| n.德行，美德；贞操；优点；功效，效力 | |
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virtues
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| 美德( virtue的名词复数 )； 德行； 优点； 长处 | |
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peculiar
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| adj.古怪的，异常的；特殊的，特有的 | |
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audacity
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| n.大胆，卤莽，无礼 | |
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apocryphal
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| adj.假冒的，虚假的 | |
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12
exclusion
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| n.拒绝，排除，排斥，远足，远途旅行 | |
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13
credence
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| n.信用，祭器台，供桌，凭证 | |
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14
treacherous
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| adj.不可靠的，有暗藏的危险的；adj.背叛的，背信弃义的 | |
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15
dame
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| n.女士 | |
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16
scruple
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| n./v.顾忌，迟疑 | |
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17
deposition
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| n.免职，罢官；作证；沉淀；沉淀物 | |
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18
virgin
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| n.处女，未婚女子；adj.未经使用的；未经开发的 | |
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19
canonical
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| n.权威的；典型的 | |
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20
memoirs
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| n.回忆录；回忆录传( mem,自oir的名词复数) | |
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21
duel
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| n./v.决斗；(双方的)斗争 | |
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22
almighty
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| adj.全能的，万能的；很大的，很强的 | |
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23
modesty
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| n.谦逊，虚心，端庄，稳重，羞怯，朴素 | |
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24
apparently
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| adv.显然地；表面上，似乎 | |
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25
syllogistic
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| adj.三段论法的，演绎的，演绎性的 | |
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gist
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| n.要旨；梗概 | |
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27
frankly
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| adv.坦白地，直率地；坦率地说 | |
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28
prone
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| adj.(to)易于…的，很可能…的；俯卧的 | |
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29
fully
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| adv.完全地，全部地，彻底地；充分地 | |
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30
alley
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| n.小巷，胡同；小径，小路 | |
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31
premises
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| n.建筑物，房屋 | |
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32
bent
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| n.爱好，癖好；adj.弯的；决心的，一心的 | |
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33
poker
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| n.扑克；vt.烙制 | |
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34
smeared
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| 弄脏； 玷污； 涂抹； 擦上 | |
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35
shrieking
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| v.尖叫( shriek的现在分词 ) | |
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36
positively
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| adv.明确地，断然，坚决地；实在，确实 | |
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37
adroit
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| adj.熟练的，灵巧的 | |
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38
frail
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| adj.身体虚弱的；易损坏的 | |
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39
hem
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| n.贴边，镶边；vt.缝贴边；(in)包围，限制 | |
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40
conceit
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| n.自负，自高自大 | |
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41
jewelry
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| n.（jewllery）（总称）珠宝 | |
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42
ingenuous
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| adj.纯朴的，单纯的；天真的；坦率的 | |
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43
eminently
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| adv.突出地；显著地；不寻常地 | |
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44
substantiate
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| v.证实；证明...有根据 | |
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45
prevarication
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| n.支吾；搪塞；说谎；有枝有叶 | |
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46
humiliation
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| n.羞辱 | |
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47
perjury
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| n.伪证；伪证罪 | |
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48
courteous
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| adj.彬彬有礼的，客气的 | |
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49
remarkable
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| adj.显著的，异常的，非凡的，值得注意的 | |
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50
inevitably
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| adv.不可避免地；必然发生地 | |
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51
livelihood
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| n.生计，谋生之道 | |
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52
flamboyant
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| adj.火焰般的，华丽的，炫耀的 | |
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53
hoisted
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| 把…吊起，升起( hoist的过去式和过去分词 ) | |
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54
noted
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| adj.著名的，知名的 | |
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55
trifling
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| adj.微不足道的；没什么价值的 | |
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56
discrepancies
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| n.差异，不符合（之处），不一致（之处）( discrepancy的名词复数 ) | |
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57
loquacious
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| adj.多嘴的，饶舌的 | |
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58
extricate
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| v.拯救，救出；解脱 | |
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59
precept
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| n.戒律；格言 | |
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60
bogged
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| adj.陷于泥沼的v.（使）陷入泥沼， （使）陷入困境( bog的过去式和过去分词 )；妨碍，阻碍 | |
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61
quagmire
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| n.沼地 | |
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62
absurdities
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| n.极端无理性( absurdity的名词复数 )；荒谬；谬论；荒谬的行为 | |
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63
ordeal
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| n.苦难经历，（尤指对品格、耐力的）严峻考验 | |
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64
winsome
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| n.迷人的，漂亮的 | |
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65
countenance
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| n.脸色，面容；面部表情；vt.支持，赞同 | |
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66
devoid
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| adj.全无的，缺乏的 | |
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67
hush
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| int.嘘，别出声；n.沉默，静寂；v.使安静 | |
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68
eyebrows
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| 眉毛( eyebrow的名词复数 ) | |
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69
reiterate
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| v.重申，反复地说 | |
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70
incisive
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| adj.敏锐的，机敏的，锋利的，切入的 | |
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71
imprinted
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| v.盖印（imprint的过去式与过去分词形式） | |
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72
decency
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| n.体面，得体，合宜，正派，庄重 | |
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73
aged
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| adj.年老的，陈年的 | |
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74
ramble
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| v.漫步，漫谈，漫游；n.漫步，闲谈，蔓延 | |
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75
discursively
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| adv.东拉西扯地，推论地 | |
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76
defiance
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| n.挑战，挑衅，蔑视，违抗 | |
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77
speculations
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| n.投机买卖( speculation的名词复数 )；思考；投机活动；推断 | |
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78
exhausted
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| adj.极其疲惫的，精疲力尽的 | |
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79
tangle
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| n.纠缠；缠结；混乱；v.(使)缠绕；变乱 | |
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80
hearsay
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| n.谣传，风闻 | |
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81
woe
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| n.悲哀，苦痛，不幸，困难；int.用来表达悲伤或惊慌 | |
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82
waive
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| vt.放弃，不坚持(规定、要求、权力等) | |
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83
pugnacious
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| adj.好斗的 | |
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84
resolutely
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| adj.坚决地，果断地 | |
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85
savage
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| adj.野蛮的；凶恶的，残暴的；n.未开化的人 | |
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86
brutal
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| adj.残忍的，野蛮的，不讲理的 | |
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87
deferentially
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| adv.表示敬意地，谦恭地 | |
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88
villain
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| n.反派演员，反面人物；恶棍；问题的起因 | |
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89
groans
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| n.呻吟，叹息( groan的名词复数 )；呻吟般的声音v.呻吟( groan的第三人称单数 )；发牢骚；抱怨；受苦 | |
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90
horrid
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| adj.可怕的；令人惊恐的；恐怖的；极讨厌的 | |
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91
baste
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| v.殴打，公开责骂 | |
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92
ignominiously
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| adv.耻辱地，屈辱地，丢脸地 | |
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93
entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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94
contention
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| n.争论，争辩，论战；论点，主张 | |
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95
prosecution
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| n.起诉，告发，检举，执行，经营 | |
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96
admonished
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| v.劝告( admonish的过去式和过去分词 )；训诫；（温和地）责备；轻责 | |
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97
courteously
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| adv.有礼貌地，亲切地 | |
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98
savagely
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| adv. 野蛮地，残酷地 | |
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99
recapitulate
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| v.节述要旨，择要说明 | |
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100
inaccurately
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| 不精密地，不准确地 | |
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101
elusiveness
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| 狡诈 | |
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102
dodging
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| n.避开，闪过，音调改变v.闪躲( dodge的现在分词 )；回避 | |
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103
forth
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| adv.向前；向外，往外 | |
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104
scrutiny
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| n.详细检查，仔细观察 | |
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105
habitually
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| ad.习惯地，通常地 | |
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106
glorifies
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| 赞美( glorify的第三人称单数 )； 颂扬； 美化； 使光荣 | |
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107
indicted
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| 控告，起诉( indict的过去式和过去分词 ) | |
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108
procure
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| vt.获得，取得，促成；vi.拉皮条 | |
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109
procured
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| v.（努力）取得， （设法）获得( procure的过去式和过去分词 )；拉皮条 | |
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110
prosecutions
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| 起诉( prosecution的名词复数 )； 原告； 实施； 从事 | |
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111
guilt
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| n.犯罪；内疚；过失，罪责 | |
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112
innocence
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| n.无罪；天真；无害 | |
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113
colossal
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| adj.异常的，庞大的 | |
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114
obliterated
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| v.除去( obliterate的过去式和过去分词 )；涂去；擦掉；彻底破坏或毁灭 | |
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115
precisely
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| adv.恰好，正好，精确地，细致地 | |
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116
arraigned
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| v.告发( arraign的过去式和过去分词 )；控告；传讯；指责 | |
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117
warp
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| vt.弄歪，使翘曲，使不正常，歪曲，使有偏见 | |
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118
judgment
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| n.审判；判断力，识别力，看法，意见 | |
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119
injustice
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| n.非正义，不公正，不公平，侵犯（别人的）权利 | |
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120
plausible
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| adj.似真实的，似乎有理的，似乎可信的 | |
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121
irreproachable
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| adj.不可指责的，无过失的 | |
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122
pretences
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| n.假装( pretence的名词复数 )；作假；自命；自称 | |
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123
savings
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| n.存款，储蓄 | |
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124
adorns
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| 装饰，佩带( adorn的第三人称单数 ) | |
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125
defrauded
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| v.诈取，骗取( defraud的过去式和过去分词 ) | |
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126
motive
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| n.动机，目的；adv.发动的，运动的 | |
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127
deliberately
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| adv.审慎地；蓄意地；故意地 | |
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128
deserted
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| adj.荒芜的，荒废的，无人的，被遗弃的 | |
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129
demure
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| adj.严肃的；端庄的 | |
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130
acquit
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| vt.宣判无罪；(oneself)使(自己)表现出 | |
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131
homely
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| adj.家常的，简朴的；不漂亮的 | |
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132
prosecuted
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| a.被起诉的 | |
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133
prosecute
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| vt.告发；进行；vi.告发，起诉，作检察官 | |
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134
alibi
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| n.某人当时不在犯罪现场的申辩或证明；借口 | |
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135
maiden
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| n.少女，处女；adj.未婚的，纯洁的，无经验的 | |
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136
wink
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| n.眨眼，使眼色，瞬间；v.眨眼，使眼色，闪烁 | |
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137
quaint
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| adj.古雅的，离奇有趣的，奇怪的 | |
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138
distinguished
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| adj.卓越的，杰出的，著名的 | |
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139
lashes
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| n.鞭挞( lash的名词复数 )；鞭子；突然猛烈的一击；急速挥动v.鞭打( lash的第三人称单数 )；煽动；紧系；怒斥 | |
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140
impunity
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| n.(惩罚、损失、伤害等的)免除 | |
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141
lenient
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| adj.宽大的，仁慈的 | |
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142
leniency
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| n.宽大（不严厉） | |
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143
acquitting
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| 宣判…无罪( acquit的现在分词 )； 使（自己）作出某种表现 | |
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144
miscarriages
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| 流产( miscarriage的名词复数 ) | |
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145
publicity
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| n.众所周知，闻名；宣传，广告 | |
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146
justify
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| vt.证明…正当(或有理)，为…辩护 | |
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147
hysterical
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| adj.情绪异常激动的，歇斯底里般的 | |
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148
acquitted
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| 宣判…无罪( acquit的过去式和过去分词 )； 使（自己）作出某种表现 | |
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149
climax
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| n.顶点；高潮；v.(使)达到顶点 | |
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150
adept
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| adj.老练的，精通的 | |
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151
glands
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| n.腺( gland的名词复数 ) | |
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152
prosecuting
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| 检举、告发某人( prosecute的现在分词 )； 对某人提起公诉； 继续从事（某事物）； 担任控方律师 | |
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153
conjured
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| 用魔术变出( conjure的过去式和过去分词 )； 祈求，恳求； 变戏法； （变魔术般地） 使…出现 | |
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154
exquisite
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| adj.精美的；敏锐的；剧烈的，感觉强烈的 | |
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spine
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| n.脊柱，脊椎；(动植物的)刺；书脊 | |
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156
embedded
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| a.扎牢的 | |
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157
abashed
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| adj.窘迫的，尴尬的v.使羞愧，使局促，使窘迫( abash的过去式和过去分词 ) | |
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158
remains
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| n.剩余物，残留物；遗体，遗迹 | |
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159
untold
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| adj.数不清的，无数的 | |
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maudlin
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| adj.感情脆弱的，爱哭的 | |
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161
aver
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| v.极力声明；断言；确证 | |
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commuted
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| 通勤( commute的过去式和过去分词 )； 减（刑）； 代偿 | |
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163
imprisonment
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| n.关押，监禁，坐牢 | |
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164
assassination
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| n.暗杀；暗杀事件 | |
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165
insignificance
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| n.不重要；无价值；无意义 | |
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166
fictitious
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| adj.虚构的，假设的；空头的 | |
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167
stimulated
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| a.刺激的 | |
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168
alias
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| n.化名；别名；adv.又名 | |
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169
astonishment
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| n.惊奇，惊异 | |
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170
zest
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| n.乐趣；滋味，风味；兴趣 | |
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171
archer
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| n.射手，弓箭手 | |
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