,TRIAL BY ,JUDGE ,V4 ,TRIAL BY ,JURY 

,PEOPLE 3 

,AU?OR 3 ,WILLIAM ,MORRIS 

,TEXT 3 

,S\RCE3 0,TRIAL BY ,JUDGE V4 ,TRIAL BY ,JURY0 ,COMMONWEAL1 ,VOL #e1 ,NO4 #a#h#h1 #ag ,AUGU/ #a#h#h#i1 P4#b#e#g2 
,TRANSCRIB$3 BY ,T$ ,CRAW=D4 

,! ,MAYBRICK CASE1 ( :I* WE HAVE BE5 HE>+ SO MU*1 DOES NOT DIFF] 9 ESS5CE FROM MO/ O!R TRIALS = MURD]4 ,A MAN IS KILL$2 !RE IS A C]TA9 AM\NT ( PRESUMPTIVE EVID5CE AGA9/ SU* & SU* A P]SON2 A CORON]'S JURY F9D ?AT ?IS P]SON IS GUILTY ( ! MURD]4 ,! PRESUMPTIVE EVID5CE IS AFT] LONG DELAY BR\<T BE=E ! ,CRIM9AL ,C\RT2 :I* DELAY1 BE IT REM>K$1 T5DS V]Y MU* TO 9CREASE ! DIFFICULTY 9 GETT+ AT ! TRU?1 AS LIES & FALSITIES HAVE TIME TO GR[ R\ND ! ORIG9AL K]NEL ( FACT1 & MAKE A REGUL> PROBLEM = ! SOLUTION ( ! PR(ESSIONAL DEAL]S ) O!R P]SONS' MISDO+S -- ! LAWY]S & JUDGE4 ,9 ! ,CRIM9AL ,C\RT ! GAME BEG9S4 ,EA* SIDE HAS ITS !ORY = ACC\NT+ = A S]IES ( EV5TS :I* >E SUPPOS$ TO HAVE TAK5 PLACE1 & TRIES TO E/ABLI% ?AT !ORY BY PIEC+ TOGE!R ( DETAILS1 ! CROSS-EXAM9ATION ( WITNESSES1 & SO ON4 ,IT MU/ BE SAID ?AT 9 ?IS GAME ! DEF5SE1 :I* HAS TO PROVE A NEGATIVE1 IS NECESS>ILY V]Y MU* WEAK] ?AN ! PROSECUTION4 

,NEXT1 ! !ORY ON EI!R SIDE BE+ COMPLETE1 IT IS 9 PRACTICE SUBMITT$ TO ! JUDGM5T ( ONE MAN1 ! JUDGE1 :O IS ( C\RSE A ?OR\<LY PRACTIC$ & SKILLFUL LAWY]1 DRILL$ 9TO A KN[L$GE ( :AT IS CALL$ ! 'LAW ( EVID5CE' -- IE41 A S]IES ( MAXIMS1 MORE OR LESS >BITR>Y1 AS SU* !ORIES MU/ BE1 AS TO ! CR$IBILITY ( /ATEM5TS ( EV5TS MORE ?AN HALF =GOTT51 MISUND]/OOD BY ! WITNESSES AT ! TIME !Y HAPP5$1 CONFUS$ BY HE>SAY1 CORRUPT$ BY PREJUDICE -- 9 A WORD1 MO/LY LIES4 ,?IS ONE MAN1 ! JUDGE1 MAY BE A TREASURE ( IMP>TIALITY1 ?\< HE IS NOT LIKELY TO BE1 S9CE HE IS A SUCCESSFUL ADVOCATE1 & !RE=E MU/ HAVE BE5 9 ! HABIT ( WRE/+ APPE>ANCES T[>DS ! SIDE ?AT HE WAS CONV5TIONALLY 9T]E/$ 91 H[EV] !Y MI<T HAVE %[$ TO HIS REAL SELF4 ,BUT1 H[EV] IMP>TIAL HE MAY BE1 IT IS NOT 9 ! NATURE ( MAN = A P]SON NOT TO TAKE SIDES 9 A DISPUTE :I* HE IS OBLIG$ TO LI/5 TO1 & CONSID]+ HIS (FICIAL POSITION1 ! SIDE ?AT ?IS P]SON IS MO/ LIKELY TO TAKE IS ! (FICIAL ONE -- IE41 ?AT ( ! PROSECUTION4 

,9 !ORY1 H[EV] 7AS WE ALL KN[71 IT IS ! JURY & NOT ! JUDGE :O HAVE TO MAKE ! F9AL DECISION ( ! CASE1 -- BUT 9 !ORY ONLY4 ,= ! JURY >E ( NECESSITY M5 ( AV]AGE 9TELLIG5CE1 TAK5 FROM ! MIDDLE CLASS2 & !Y >E 9 CONSEQU5CE DEEPLY IMBU$ ) ! MIDDLE-CLASS PREJUDICES ( ! DAY4 ,N[ ! PRES5T-DAY MIDDLE-CLASS !ORY ( ! JURY HAS MI/AK5 ! FUNCTION ( ! JURY1 & ASSUMES ?AT ITS BUS9ESS IS1 NOT TO JUDGE ! CASE1 AS IT WAS ORIG9ALLY MEANT TO DO1 BUT TO CORRECT ANY GROSS MI/AKES OR P>TIALITY 9 ! JUDGE2 TO BE1 9 %ORT1 A K9D ( C5SOR%IP ON ! JUDGE1 & !RE9 TO REPRES5T ! PUBLIC G5]ALLY4 ,?IS BE+ ! CASE1 AS A MATT] ( FACT ! JURY ALMO/ ALWAYS TAKE !IR V]DICT FROM ! JUDGE'S SUMM+-UP1 & IT IS R>E 9DE$ ?AT ?OSE :O >E WAT*+ A CASE NE$ TR\BLE !MSELVES AB\T ! JURY'S DECISION :5 !Y HAVE HE>D OR READ ! JUDGE'S SUMM+-UP -- UNLESS1 9DE$1 HE IS REALLY PUZZL$ OV] ! MATT]1 9 :I* CASE1 HAV+ NO OP9ION1 HE K9DLY ALL[S ! JURY TO HAVE ONE4 

,& N[ 9 ! MID/ ( ?IS 9TRICATE GAME :I* IS BE+ PLAY$ = ! LIFE OR DEA? ( A FELL[ CITIZ51 !RE IS ONE P]SON :O IS \T ( IT ALL1 & CAN ONLY WAT* :AT IS GO+ ON2 & ?AT P]SON IS ! ONE :O IS PR9CIPALLY 9T]E/$4 ,! M\? ( ! ACCUS$ IS %UT UNTIL ! DECISION IS GIV54 ,:ATEV] MISUND]/&+S1 FALSIFICATIONS1 OR WRONG D$UCTIONS TAKE PLACE MU/ PASS )\T *ALL5GE FROM HIS P]SONALITY1 AL?\< IT IS OBVI\S ?AT (T5 A FEW WORDS FROM ! ACCUS$ MI<T EXPLA9 ! MATT]1 & GIVE A NEW C\RSE TO ! EVID5CE EI!R = OR AGA9/4 

,9 %ORT1 9 AN ,5GLI% ,CRIM9AL ,C\RT SIDES >E TAK5 = & AGA9/ ! SIL5T ONLOOK+ ACCUS$ 7:O1 9 SPITE ( ALL !ORIES TO ! CONTR>Y1 IS ALWAYS LOOK$ ON AS GUILTY FROM ! FIR/74 ,! JUDGE DECIDES :I* ( ?OSE TWO SIDES HAS ! PREPOND]AT+ WEI<T ( EVID5CE1 & ! JURY =MALLY RATIFIES HIS DECISION1 UNLESS IT IS SO MON/R\SLY UNFAIR ?AT !Y >E COMPELL$ TO PROTE/ BY EXPRESS+ !IR [N OP9ION4 ,! 'CRIM9AL' EI!R 'ESCAPES' OR IS CONVICT$ & SLAU<T]$2 \R 'CULTIVAT$ CLASSES' BLESS !IR />S !Y >E NOT LIV+ 9 DAYS ( VIOL5CE1 & ?OSE ( ! WORK+ CLASSES :O >E NOT ,SOCIALI/S AT HE>T E*O !IR CANT 9 V>I\S DEGREES ( UN-CULTIVATION1 H[EV] MIS]ABLY !Y MAY BE LIV+4 

,= ! RE/1 ?IS IS ?AT 'AV]AGE' JU/ICE :I* IS 9 COMPLETE H>MONY ) ! COMM]CIALISM ( ! AGE1 :I* DECL9ES TO SUPPLY ! PUBLIC ) ANY?+ *OICE2 IT IS1 LIKE ALL MA*9E-WORK1 A MAKE-%IFT4 ,SU* MAKE-%IFTS PEOPLE PUT UP ) )\T GRUMBL+ = A LONG TIME2 BUT AT LA/ :5 SOME DRAMATIC DEMON/RATION ( !IR FUTILITY IS GIV51 :5 ! %OE-SOLE COMES (F 9 ! MIDDLE ( A MUDDY ROAD1 OR ! HAT MELTS 9 A HEAVY %[]1 !Y GET ANGRY1 & EXPRESS !IR ANG] -- 9 A FUTILE WAY 9DE$1 BECAUSE !Y >E ! SLAVES ( ! MA*9E :I* !Y GRUMBLE AT4 

,?AT WE W\LD FA9 HOPE1 IS ! EXPLANATION ( ! POPUL> EBULLITION ( TEMP] AT ,LIV]POOL ! O!R DAY2 ! PEOPLE !RE W]E AT LA/ /RUCK BY ! OBVI\S UNFAIRNESS ( ! :OLE PROCE$+1 ( ! F>CE :I* ?US TRIFLES ) ! LIVES & LIB]TIES ( ! CITIZ5S4 ,AT ALL EV5TS !Y DIRECT$ ! EXPRESSION ( !IR ANG] RI<TLY ?IS TIME4 ,! JUDGE & HIS SUMM+-UP IS ! REAL C5T] ( ! :OLE 9IQUITY4 ,?AT IS ! HEAD & FRONT ( ! ATTACK ON ,TRIAL BY ,JURY1 :I*1 AS LONG AS IT WAS A REALITY1 WAS A TRUE DEF5SE ( ! LIB]TIES ( ! PEOPLE4 

,?AT IS ! 9T]E/ ! ,MAYBRICK CASE HAS TO US ,SOCIALI/S4 ,! CASE ITSELF WAS A WRET*$ ONE1 A M]E EXEMPLIFICATION ( ! UNHAPP9ESS :I* SPR+S FROM ! CORRUPTION ( A ,SOCIETY F\ND$ ON ROBB]Y2 AN UNHAPP9ESS :I* SO (T5 AV5GES ! WRONGS ( ! POOR ON ?OSE :OSE 9IQUIT\S POSITION PUTS !M BEYOND ! REA* ( ! SPECIAL MIS]Y :I* !Y 9FLICT ON SO MANY MILLIONS ( PEOPLE1 AS GOOD AS OR BETT] ?AN !MSELVES4 ,YET1 9DE$1 IT MU/ BE SAID ONCE MORE ?AT ,MRS ,MAYBRICK'S 'IMMORALITY' WEI<$ HEAVILY AGA9/ H]1 HELP$ ! JUDGE TO GET ! CONVICTION1 & ?AT IF PEOPLE >E TO BE HANG$ = MAK+ MI/AKES 9 M>RI$ LIFE1 !RE WILL BE A L>GE MORTALITY AMONG ! UPP] & MIDDLE CLASSES4 

,! REM>KS 9 ! CAPITALI/IC PAP]S ON ?IS CASE1 A GREAT P>T ( :I* AM\NT TO A DEF5SE ( ! PRES5T SY/EM ( DEAL+ ) CIRCUM/ANTIAL EVID5CE 9 CRIM9AL CASES1 >E CURI\S1 BUT >E TOO NUM]\S TO GO ?R\<4 ,ONE1 H[EV]1 MU/ BE NOTIC$1 BECAUSE IT IS ! >GUM5T MO/ (T5 & MO/ PLAUSIBLY US$4 ,IT IS ADMITT$1 SAY !SE WISEACRES1 ?AT ?IS WAS A CASE ( D\BT2 BUT 9 ! TEE? ( ! MAXIM ?AT ! JURY %\LD GIVE ! B5EFIT ( ! D\BT TO ! ACCUS$1 IF ?IS W]E DONE1 ALMO/ NO CRIM9AL C\LD BE CONVICT$1 AS ALL EVID5CE IS CIRCUM/ANTIAL1 & 9 ALMO/ EV]Y CASE !RE IS D\BT4 

,:AT DOES ?IS AM\NT TO BUT ?IS8 ,?AT SO BEAUTIFULLY CON/RUCT$ IS ! MA*9E ( CRIM9AL LAW1 ?AT IT GIVES US TWO OV]:ELM+ RISKS1 EI!R ( ! ESCAPE ( ! GUILTY1 OR ! CONDEMNATION ( ! 9NOC5T4 ,UNHAPPILY1 IT IS NOT D\BTFUL :I* RISK \R ,SOCIETY WILL TAKE H>D5$ AS IT IS BY ! DAILY & H\RLY PRACTICE ( WRONG AGA9/ SO MANY PEOPLE4 

,9 EFFECT1 IT IS A <A/LY ?+ TO NOTE SO MANY RESPECTABLE P]SONS SITT+ SAFE AS HOME 9 LUXURY SO CONV9C$ ( ! NECESSITY = HANG+ SOME ONE1 EI!R ! RI<T OR ! WRONG P]SON1 IF A 'CRIME' IS COMMITT$4 ,H[ /RANGE ?AT P]SONS NOT ILL-NATUR$1 NOT SPECIALLY /UPID1 %\LD ?9K IT ABOVE ALL ?+S NECESS>Y ?AT A PRIVATE MURD] %\LD BE REM$I$ BY A PUBLIC ONE4 

,AS TO ! ,C\RT ( ,APPEAL :I* IS 9 EV]Y ONE'S M\? AT PRES5T1 IT W\LD BE A FEEBLE PROTECTION AGA9/ 9JU/ICE2 & IF1 AS ,I SUPPOSE IT W]E TO BE A C\RT ( PR(ESSIONAL JUDGES1 IT W\LD T5D TO A FUR!R WEAK5+ ( :AT IS LEFT ( ! JURY SY/EM1 & SO DO MORE H>M ?AN GOOD4 

,FROM 3 ,M>XI/S4ORG4 

,*RONOLOGY 3 
,FEBRU>Y #b#d1 #bba 3 ,TRIAL BY ,JUDGE ,V4 ,TRIAL BY ,JURY -- ,ADD$4 
,JANU>Y #h1 #bbb 3 ,TRIAL BY ,JUDGE ,V4 ,TRIAL BY ,JURY -- ,UPDAT$4 

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