书城外语美国公民读本(彩色英文版+中文翻译阅读)
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第58章 政府怎样筹钱(3)

11.In this courtroom,then,all is ready for the trial of John Doe.The judge and clerk are in place.The jury have been selected and have taken an oath to decide acording to the testimony.The prisoner has been brought in and placed in the dock.He has had the indictment read to him and has been asked to say whether he is guilty or not.He has said that he is not guilty.Then the county attorney rises and addresses the court.He details the crime,and tells in a general way how he expects to prove that it was Doe who committed it.Then he calls his witnesses.The man whose silver was stolen,some members of his family,and his servant,tell what facts they know.Each of these is a witness.The story which each tells,or the answers he gives to the attorney‘s questions,is called his testimony ,or evidence .Each witness,as his name is called,comes forward and takes his place in a chair on a little platform facing the jurythe stand.He then takes a solemn oath to tell “the truth,the whole truth,and nothing but the truth.”Then the attorney questions the witness,the answers being carefully recorded.For this purpose there is in the court a stenographer,who is able to write in shorthand as fast as a man can talk.When the attorney has finished questioning a witness,the prisoner’s attorney has the privilege of asking questions.This is called the crossexaminations ,and of course these questions are very searching.If a witness has not spoken the truth or has kept anything back which might help the prisoner,the crossexamination is apt to bring it out.

12.We have said that each witness,as he is called to the stand,takes an oath to tell the truth.If,then,he tells a falsehood,he is guilty of what the law calls perjury ,and if he is found out he will himself be arrested and tried for that crime.If he is found guilty he will be sent to prison.

13.After the county attorney has taken the testimony of the members of the household whose silver has been stolen,he calls other witnesses.Some of them tell what they know of Doe‘s movements after the burglarywhere he was,what he was doing.Others saw him hanging around the house the day before the burglary.Then the man who bought the spoons testifies that the spoons which the sheriff took from him,and which are produced in court,are the very spoons which he bought from Doe a few days after the burglary.The owner of the spoons is called back to the stand and declares that they are his propertythe ones which were stolen.Here the county attorney rests his casethat is,he tells the court that he has no more witnesses;he thinks he has proved Doe guilty.

14.Now is the turn of the prisoner’s attorney,and he calls what witnesses he has.One declares that he has known Doe for a long time,but never knew him to steal.Doe himself is put on the stand,and explains that he was idling about the house in question merely because he was waiting to speak to a man employed there,who,it turned out,was away that day.As to the spoons,he declared that he picked them up in the road,tied up in a bundle.As they had no name or initials,he did not know whose they were,and thought he had a right to them,as he found them.The night of the burglary he said that he spent sleeping in a barn three miles away.A farm laborer,who was the next witness,swore that he saw Doe enter the barn and lie down to sleep in the hay,and that at a very early hour the next morning,going to feed the horses,he saw Doe yet sleeping.Each of these witnesses was crossexamined by the county attorney.In the course of crossexamining the farm laborer he brought out the fact that there was plenty of time between his two visits to the barn for Doe to go to the other house,steal the spoons,and return.

15.After all the witnesses had been examined,each of the attorneys made a speech,one arguing that the evidence plainly showed that Doe stole the spoons,the other arguing that it was not proventhat there was room for a reasonable doubtand so that the jury should find him not guilty.

16.Then the judge addressed the jury.He explained to them just what the law means by burglary,what must be proved in order to find the prisoner guilty,what is meant by a reasonable doubtthat if they had such a doubt their verdict (i.e.,their decision)should be “not guilty.”

17.The jury were now led from the room by an officer of the court,and shown into a private room,where they could talk the case over.After a half hour they sent word to the judge that they had agreed on a verdict,and accordingly were led back to their places in the court.Being asked if they had agreed on a verdict,the foreman of the jury rose in his place and replied that they had.“What is your verdict?”“Guilty.”Then the roll of the jury was called,and each man in turn rose and said that that was his verdict.Unless every one of the twelve voted “guilty,”the prisoner could not be convicted.

18.When it was shown that the jury were of one mind,the prisoner was told to stand,and the judge addressed a few words to him.He reminded him that he had had a fair and impartial trial before a jury of his countrymen;that,as he was too poor to pay a lawyer to act as his attorney,the court had assigned him one,who would be paid by the state,and that the jury had found him guilty.Then the judge went on to state the penalty of his crimethe sentence which was three years at hard labor in the state penitentiary.The prisoner was then led away by the officers,and the trial of John Doe was ended.