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herself against her equal share of guilt, charged her partner in it with the crime of rape. The jury could hardly be got to acquit the innocent man even though the prosecutrix had to admit that she never called out, her mother sleeping in the next room, because she was afraid her cries would waken the old lady."
The following indicates strongly one of the disadvantages the undefended prisoner labours under:—
Danger of Rule Allowing Undefended Prisoner to give Evidence.
"This new arrangement by which a defendant is allowed to go into the box and give evidence on his own behalf is most mischievous when a poor prisoner is undefended. His poverty involves ignorance, of necessity, and in the hands of a prosecuting barrister his slightest slip in cross-examination will be made to tell against him mercilessly. That is the case if he elects to be sworn. If, on the contrary, he declines, either from ignorance or fear, the jury invariably reckons the fact against him.
"I sat through a case quite lately and saw a poor ignorant wretch who, being undefended, did not understand the purport of the invitation, neglected this opportunity. The judge charged clearly in his favour—indeed, there was hardly any evidence against him. But the jury brought him in guilty, and in talking the matter over with one of them after I learned that they were much impressed by the fact that he did not give evidence."
In considering the results arrived at by Dr. Lawson Tait we must bear in mind that the series of charges he analysed had all been brought under the notice of the police. The vast number of charges compromised for money, without any appeal to the police, must be added to form any fair estimate of the situation.
The foregoing catalogue as regards specific crimes is striking enough, but it does not quite exhaust the criminal law privileges of women. As regards punishment, prison treatment and pardon, there are some additional immunities.
