The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-30

One OF tho most successful lawyers prao-
Using In the Criminal Courts was waiting
inpatiently late ons night for the verdict
Of q Jury in . case hs had just tried. The
case had been an intricate ono, with many
exhibits, and the Jury had been Out long
time.
In the court room and outside OF 1t loungeo
the usual crowd. Relatives and friends
Of the prisoner-a lawyer who had followed
q crooked loyal trail-prayed and hopeo
for his vindication. Outsiders, there ifoin
curiosity alone. laughed and chatted OF
other trials. A young Assistant Distriot
Attorney, to whom q conviction meant
praise from his chief. sat OF In corner ana
muttered to sympathetic companions:
.What can be the matter with those
fellowsi What's keeping EN- so longf
II there ever was an open and smut case
this is it,
A court officer hurried from the jury room
with message for the Judge. Ine
Jury has agreed 1t was whispered. Inc
dsfendant's lawyer stopped his impatient
tramping up and down the corridor.
victory would please him, but even II the
jury's verdict was against him his work
WAS done for the night.
IL waiting around like this makes a
fellow 90 fretful and nervous. he remarked,
i wonder how the prisoner must feel while
the jury is deciding
There was q sigh Of disappointment
when the court oficer hurried back from
the Judge, saying that there had been no
agreement-the jury had asked the Judge
for instructions on a point OF law. Dan
Kelly. deputy sheriff and veteran prison
guard, became reminiscent.
sHow do they feel. those men and women
to whom q jury's verdict means 30 much?'
he repeated. what are the emotions OF
q prisoner while awaiting the verdict OF
twelve mem"
Kelly leaned back and closed his eyes.
For score OF years he has had charge OF
most OF the famous prisoners ON trial In the
Criminal Courts Building. While the jury
Ia out the defendant Is kept In pen within
easy reach Of the court room.
-They all take 1t differently said Kelly.
1T all depends on the physical and mental
makeup Of the prisoner. And you never
can tell how they will act While the trial
Is going on some OF them show lots OF
nerve, but that is while they have their
LAWYERS at their side. But when the law
yer has made his last plea, the prosecutor
has put in his best ticks for conviction,
and the Judge has delivered his charge,
then many prisoner who has shown great
nerve during the trial becomes the very
opposite They even become hysteTical,
and many VI them almost collapse.
OF course, that Is not always the case.
but 1t frequently happens. Often the
weak, frightened creature who gets your
sympathy during the trial Is calm and ap-
parently unconoerned while the jury 10
celebrating.
THE ignorant and uneducated prisoners,
a. n rule, are affected moro than the
intelligent and educated. suppose that
Is because the educated have better control
OF their minds; maybe they are better able
10 conceal their feelings l guess 1t
amounts to the same thing.
.You can't he p feeling sorry for some OF
the ignorant prisoners. have seen cases
whore would have sworn that the prisoner
became temporarily insane while waiting
for the jury. They tear around the pen.
pulling their hair and ready to butt their
heads against a wall. At the same time,
have handled some ignorant prisoners
who were 30 stolid that they didn't seem
to care about the outcome.
Are women worse than men? Not as q
rule. You'd think 40. wouldn't your But
It's not the case. I've seen many women
who had the men beaten all to pieces on
nerve I remember ono woman who was
the coolest thing ever had anything to do
with. She was charged with larceny, l
think, and the prosecution had made out a
good case. The jury had been out couple
OF hours and she hadn't displayed the least
concern. why, I've got this beaten she
said to mo. The worst can get Is dis
agreement. I've got that jury conned.
even II 1 am guilty
sShe surprised me, for It was the first time
she had been arrested. aud there was moth
ing to show that she had been associating
! 9Th crooks. Yet she acted like an old timer.
Sure enough, the jury disagreed, but she
was tried again and convicted.
sits funny the way some Of them specu.
late on the length Of time jury will be out.
A criminal who has been through tho mill
generally regards 1t as q good omen when
the Jury doesn't hand him q verdict right
away. Tho criminal decides that when 1t
takes o jury q long time to agree they
are doubtful about his guilt, and tsat he
will either be acquitted or there will be a
disa ereement. When a criminal IL In bad
he considers disagreement victory
for 1t Is harder to convict on the second
trial.
Il remember an odd case where crook
was fooled BY q jury. He was q burglar
who had been sent up several times be-
fore, in this and other States. He was
used to the game and WASN'T botherinx his
head about what was going to happen
1t took the Jurors just about i've minutes
to send word to tho Judge that they had
agreed. They gave me a quick deal
said the burglar. who had no doubt tina,
the verdict was guilty" He was ur
against severe Judge. who was noted 70,
his hong sentences for habitual criminals
and the crook didn't expect any mercy.
We and the defendant not guilty
said the foreman Of the jury. That burglar
was the most surprised m IN ever saw in 8
court room. Holy smoke! he xasped
That's piece OF luck!'
.Those who are up Against It for tn,
tirst time think that quick verdict from
the jury means aoquittal. When they'r
disillIeioned 1t hits them hard.