by eleven jurors, advisability of, 347

Voir dire, 305, 324


Warren, Chas. D., definition of criminals by, 19, 24
within the definition, 24

"Watch, The," 109

Wellman's "Art of Cross-Examination," 282, 287, 298, 299

Wigmore, Professor John H. See Introduction

"Wire tappers," wire tapping described, 14
(See McCord and Livingston and Tompkins cases)

Witnesses (Chapter XII). See Evidence.
value of testimony of, 224
original capacity of, for observing correctly, 225
children make remarkable, 225, 226
often honestly mistaken, 226
present stronger testimony in court than upon preliminary examination, 228
unconscious amplification by, 229, 230
fallibility of the honest witnesses, 230
recollect impossible details, 232
who refresh recollection, 233
ultimate test of value of testimony of, 236
physical condition of important, 236
to be convincing must be positive, 237
the most effective witness with jury, 237
measurement of time by, 238
difficulty of finding language comprehensible to, 238, 239
difficulty with foreign, 239

Wood, Fernando, 319

Women in the Courts (Chapter XV), sentences of, table, 202
their evidence originally regarded with suspicion, 279-281
men said to rely on power of 281

Women in the Courts, reason, women on intuition, 281
do not differ from men in original capacity to observe, 282
confuse knowledge with imagination and belief, 282
illustration, 283
their habit of stating inference, 283
more ready to swear testimony through than men, 284
more ready to commit perjury than men, 285
often make remarkable witnesses, 285
frequently couple with answer statement damaging to defendant, 285
silent cross-examination of, the most effective, 286
old women simulating stupidity the most dangerous, 288
more difficult to cross-examine than men, 291, 292
testimony of, little different from men's, 292
number of, indicted and tried, 292
number of complaints by, 292
tried by opposite sex, 293
more likely to persuade jury than men 293, 295
effect of beauty of, on jury, 295
juries apt to be more lenient with, 296
no woman has suffered death penalty in this country in twenty years, 299
number of, convicted in proportion to those indicted compared with men, 299, 300
number of, prosecuted, few, 300, 301
earliest case on record of prosecution of woman for murder, 301
larger proportion of, charged with murder, than men convicted, 334
false popular impression that few women are convicted, 334

Wrongs, relation of, to crime, 1,2, 3
huge number of, not crimes at all, 7