"The evil that men do
lives after them--" It might well have been put, "The evil
men are said to have done lives forever." However unfair,
this is a psychologic condition which plays an important part
in rendering the presumption of innocence a gross absurdity.
But let us press the history of Jones and Robinson a step
further. The next event in the latter's criminal history is
his appearance in court before a magistrate. Jones produces
his evidence and calls his witnesses. Robinson, through his
learned counsel, cross-examines them and then summons his own
witnesses to prove his innocence. The proceeding may take
several days or perhaps weeks. Briefs are submitted. The
magistrate considers the testimony and finally decides that he
believes Robinson guilty and must hold him for the action of
the grand jury. You might now, it would perhaps seem, have
some reason for suspecting that Robinson was not all that he
should be. But no! He is still presumed in the eyes of the
law, and theoretically in the eyes of his fellows, to be as
innocent as a babe unborn.
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