Page:The Green Bag (1889–1914), Volume 11.pdf/87

woman. The woman was charged with cuting attorney or the attorneys for the having become a bankrupt fraudulently. defense, or they were accepted. Twelve The specifications were that she failed, in men, presumably good and true, passed the schedule of assets accompanying her the gauntlet, without seemingly either the petition, to accurately state her property, prosecution or the defense exhausting the and that, although a trader, she had failed number of peremptory challenges to which to keep such a set of books as would show they were entitled, and then the jury were in a complete record of all her business. The quired of, generally, as to their relationship other defendant was charged with being an to the accused, their official connection with accessory, both before and after the fact. the government, and their knowledge of the The opening of court did not present any facts of the case. None of the twelve came features which at this time are recalled by the within the objections which stood as cause onlooker. The presiding judge conducted for challenge, and they were sworn to try the issue. During this ceremony, as well the proceedings almost to the entire exclu sion of the lawyers. Immediately in front as during the administering of the oath to of the judges' bench, and between the places the witnesses, every one in the court room — assigned to the jury and the counsel for the judges, lawyers, and all — stood uncovered. defense, was an open space, some sixteen After the judge had read the oath, the jurors repeated, one after the other, each with up feet square, and in this the defendants, stand ing, were arraigned, the charges read, and lifted right hand, " This is my oath, so help their plea taken. Both answered, Not me God." guilty. When asked if they were repre In the introduction of testimony, the radi sented by counsel, the names of their attor cal difference in trial of cases in Germany neys, each being defended separately, were and the United States was made manifest. given, and thereupon the gentlemen named The defendants were first examined, not as by the accused were asked by the presiding witnesses, because they were not sworn, not judge if they appeared as stated by de by their counsel in chief and then crossfendants. Their answer was in the affirma examined by the prosecution as to the mat tive, and the trial began. ters testified to in chief, but by the presiding At the bench of the presiding judge was a judge. The woman was first questioned. small box or urn, and into this were dropped She was required to stand, no chair on which cards, one at a time, and each containing to sit, no table on which to rest. She was the name of a juror. As the jurors were in the middle of the open space in which called, they answered " present," and when she had been arraigned, and where every the names of the entire panel, some thirty eye in the room could have an unobstructed in number, had been placed in the box, the view of her. There was handed the judge a large bundle of documents, presumably twelve who were to try the case were se lected, and in this manner : the presiding prepared by the prosecuting attorney, and judge took a card from the urn, called the then she was asked a series of questions like this by the judge: Your name is , you name of a juror, his residence and his occu (a married woman is al pation. (In passing, it may be stated that were born a in Germany a man's occupation is as much ways spoken of as, for instance, a Mueller, a part of him as the name bestowed upon born a Schulze), you are by religion a . him at baptism, and he is always spoken of By dint of a somewhat protracted exami nation, most of the interrogatories being as " Hermann Mueller, merchant.") leading in their structure, this state of As the jurors were called, they were per facts was proved : The woman defendant emptorily challenged, either by the prose