" It really doesn't exist, save in the mouths of
judges and in the pages of the law books. Yet as much to-do
is made about it as if it were a living legal principle.
Every judge in a criminal case is required to charge the jury
in form or substance somewhat as follows: "The defendant is
presumed to be innocent until that presumption is removed by
competent evidence" . . . "This presumption is his property,
remaining with him throughout the trial and until rebutted by
the verdict of the jury." . . . "The jury has no right to
consider the fact that the defendant stands at the bar accused
of a crime by an indictment found by the grand jury." Shades
of Sir Henry Hawkins! Does the judge expect that they are
actually to swallow that? Here is a jury sworn "to a true
verdict find" in the case of an ugly looking customer at the
bar who is charged with knocking down an old man and stealing
his watch. The old man--an apostolic looking octogenarian--is
sitting right over there where the jury can see him.
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