Harper's New Monthly Magazine, No. XXIV, May 1852, Vol. IVVarious
General
Harper's New Monthly Magazine, No. XXIV, May 1852, Vol. IV
Various
American literature -- Periodicals; Civilization -- Periodicals; Culture -- Periodicals
In the morning, an officer came with a regular warrant for arresting
Antonio, on the charge of setting the corn-barn on fire. A warrant is a
paper signed by a justice or judge, authorizing the officer to seize a
prisoner, and to bring him before a magistrate, for what is called an
examination. If, on the examination, the magistrate sees that the
prisoner is clearly innocent, he releases him, and that is the end of
the matter. If, however, he finds that there is reason to suspect that
he may be guilty, he orders the officer to keep him in the jail till the
time comes for the court to meet and try his case.
Sometimes, when the offense is not very serious, they release the
prisoner _on bail_, as it is called, during the time that intervenes
between his examination and his trial. That is, they give him up to his
friends, on condition that his friends agree that he shall certainly
appear at the time of trial--covenanting that if he does not appear they
will pay a large sum of money. The money that is to be forfeited, if he
fails to appear, varies in different cases, and is fixed by the judge in
each particular case. This money is called the _bail_. If the prisoner
has a bad character, and his friends generally believe that he is
guilty, he can not get bail, for his friends are afraid that if they
give bail for him, and so let him have his liberty, he will run away
before the time comes for his trial, and then they will lose the money.
When, for this or any other reason, a prisoner can not get bail, he has
to go to prison, and stay there till his trial comes on. On the other
hand, if the prisoner has a good character, and if his friends have
confidence in him, they give bail, and thus he is left at liberty until
his trial comes on.
At the examination of a prisoner, which takes place usually very soon
after he is first arrested, he is allowed to say any thing that he
pleases to say, in explanation of the suspicious circumstances under
which he was taken. He is, however, not required to say any thing unless
he chooses. The reason of this is, that no one is required to furnish
any proof against himself, when he is charged with crime. If he can say
any thing which will operate in his favor, he is allowed to do it, and
what he says is written down, and is produced on his trial, to be used
for or against him according to the circumstances of the case.
When the officer came in, in the morning, to arrest Antonio, he told him
he was to go at eleven o'clock the next morning before the magistrate to
be examined. Antonio asked the officer whether he could be allowed, in
the mean time, to write a letter to his friends in Franconia.
"Yes," said the officer, "only I must see what you write."
So they brought Antonio a sheet of paper, and a pen and ink. He sat down
to a table and wrote as follows:
"HIBURGH, July 10.
"To MRS. HENRY;
Public-domain text, read in full here on John Shaqi.
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