Evening star., 1896-10-31

submit to such reduction as will in the
courts judgment be just and reasonable
under penalty of the verdict being set
aside and a new trial ordered.
Both the plaintiff and defendant are
entitled to ask for a new trial when the,
verdict is respectively against either of
them. whereas in criminal case only the
defendant, the accused person, can ask
for new trial In the event, of course,
of conviction. In some jurisdictions. how
ever. the government or prosecution is
also allowed to ask for a new trial and an
appeal or course an appeal stays the
execution of the judgment in civil as we'll
as IN criminal cases, provided the party
taking the appeal gives bond which in
sures its prosecution before the appellate
tribunal.
The defendant appeals where the verdict
against him is sustained by the trial court,
and the plaintiff where verdict in his
favor is reduced or set aside. The appeal
is so taken that all material questions
and considered by the appellate court.
That Is. such a record OF the trial below is
made up and transmitted to the appella te
tribunal as will fully present tc it all the
rulings of the trial judge, the unfairness or
excessiveness of the verdict and the other
almost innumerable matters on which I'D
pc ais are based.
The Criminal Court. "'"h
The most interesting in a popular sense
of the District courts is the Criminal Court,
In which are tried all those offending
against the laws of the United States ap-
plicable here. the penalties for which run.
from an hour in Jail to life Imprisonment
In the penitentiary or death on the rsoe6.,
fold.
The shortest sentence ever inflicted here.
in the Criminal Court is believed to have,
been one of five minutes imposed by Judge.
bradley few years ago in the case of a
colored boy who had pleaded guilty Of
hod hac,
In jail some time. and the judge, believing
that he had been sufficiently punished, SEN
fenced him to be imprisoned not in jail or
in the penitentiary. but in the court room.
for the period Of five minutes. And the
sentence was duly served.
Before person is tried in the Criminal
Court he is indicted by the grand jury.
The charge against the person is laid be-
fore that body by the attorney of the
United States, when witnesses having
knowledge of the facts in the case are
summoned and examined by the grand
Jury. The examination of witnesses IS
conducted privately. the grand Jurors being
sworn to keep secret all matters transpirfng,
tefore them. The grand jury is composed
OF twenty-three members, and If thirteen
or them vote to indict, the indictment ia
prepared by the United States attorney II
is then signed by the foreman of the grand
Jury and then formally presented to the
judge OF the Criminal Court.
If thirteen or more members of the grand
jury vote against an Indictment, the charge
is, therefore. ignored by that body, when,
unless the United States decides to present
the charge to a succeeding grand jury the
accused person Is discharged from custody
After the indictment Is found and pre-
sented in court. the accused person is ar
raigned in the Criminal Court--that is the
Indictment is read to him by the clerk of
the court, when the defendant pleads either
guilty or not guilty. If plea of guilty Is
made. sentence is imposed; but If a plea of
not guilty Is made, or one attacking the
sufficiency or validity of the indictment is
entered, trial follows after the indict-
n:ent Is sustained.
The trial takes place before jury of
twelve men, and If the accused or the gov
ernment objects to any member or mem
bers Of the jury, and the objections are sus-
tanned by the judge. those members OBJ
jected to are excused from serving and
others are called to serve in their places.
When the charge is murder, the defendant
Is allowed twenty peremptory challenges
that is, he can keep excusins jurors to that
reason whatever therefor In such a
case the government Is allowed five per-
emptory challenges. In case of felony the
defendant is allowed ten peremptory chal-
lenges and the government three In other
cases each side has three. Such challenges
are. however, exclusive of those made for
cause such, for instance, because of the
bias or partiality of juror, and so on.
A Criminal Trial.
The jury selected. the United States at
tOfney explains the governments case TO
the jury, when the defendants counsel ex-
plains his theory Of the case or he may re-
serve his statement until after the exami-
nation of the governments witnesses has
been concluded. The witnesses on both
sides having given their testimony. the
jury is addressed first by the United States
attorney and then by the defendants coun-
sell and finally by the United States attor-
ney. Then the Jury is charged by the
Judge That Is. they are instructed by the
court as to the law applicable in the case,
and also as to the evidence. While 1t is
permissible for the judge to express an
opinion as to the facts In the case as
brought out by the testimony. he is bound
to inform the jury that they, alone are to
decide what has and what has not been
proven. But, on the other hand. he is also
bound to inform them that they have moth
ing to 90 with the law applying in the case.
That ia, the court decides the law appli-
cable to 1t, and the jury find the facts
After the judge charges the jury they re-
tire to their room. in charge Of bailiff, to
consider their verdict. No one is allowed,
Of course. to invade the privacy Of their
deliberations. and they must depend alone
upon their memory In determining the