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
On the back side of the room there were several seats for spectators. In
front of the spectator's seats there were two chairs. The officer led
Antonio to one of these chairs and gave him a seat there. The officer
himself took his seat in the other chair. He had a long slender pole in
his hand, which was his badge of office.
The first thing to be done was for the clerk to read the accusation. The
accusation to be made against a prisoner is always written out in full,
and is called an indictment. The indictment against Antonio was handed
to the clerk and he read it. It charged Antonio with breaking into and
robbing Mr. Kerber's office, and then setting fire to the barn.
After the indictment had been read, the judge, looking to Antonio, asked
him whether he was guilty or not guilty.
"Not guilty," said Antonio.
The arrangements were then made for the trial. The jury were appointed,
and they took their places in the jury seats which were on the right
hand side of the court room. Some jury-men belonging to another jury
were sitting in the seats on the left hand, but they had now nothing to
do but to listen, like the other spectators.
There is a sort of public lawyer in every county, appointed for the
purpose, whose business it is to attend to the trial of any person
accused of crime in his county. He is called the county attorney. It is
his duty to collect the evidence against the prisoner, and to see that
it is properly presented to the court and jury, and to prove that the
prisoner is guilty, if he can. The prisoner, on the other hand has
another lawyer, whose duty it is to collect all the evidence in his
favor, and to try to prove him innocent. The trial is always commenced
by adducing first the evidences of the prisoner's guilt.
Accordingly, when the jury were ready, the judge called upon the county
attorney to proceed.
He rose, and spoke as follows:
"May it please your Honor."
Here the county attorney bowed to the judge.
"And you, gentlemen of the jury."
Here he bowed to the jury.
"I am very sorry to have to appear against so young, and, I may add, so
innocent-looking a person as the prisoner before you, on a charge of so
serious a nature as burglary. But I have no choice. However much we may
regret that a person so young should become so depraved as to commit
such crimes, our duty to the community requires that we should proceed
firmly and decidedly to the exposure and punishment of them. I shall
proceed to lay before you the evidence that the prisoner at the bar is
guilty of the crime charged against him. It will be the duty of his
counsel, on the other hand, to prove his innocence, if he can. I shall
be very glad, and I have no doubt that you will be, to find that he can
succeed in doing this. I fear, however, that it will be out of his
power.
Public-domain text, read in full here on John Shaqi.
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