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Train, Arthur Cheney, 1875-1945

"Courts and Criminals"

She hurries with her parents and loudly vociferating
friends to the Essex Market Police Court, and secures a
warrant for the defendant on the theory that he defrauded her
by "trick and device" or "false representations." Usually the
only "representation" has been a promise to marry her. Her
real motive is revenge upon her faithless fiance. In nine
cases out of ten the fellow is a cad, who has deliberately
deserted her after getting her money, but it is doubtful
whether any real crime is involved.
If the judge lets the case go to the jury it is a pure gamble
as to what the result will be, and it may largely turn on the
girl's physical attractiveness. If she be pretty and demure a
mixture of emotions is aroused in the jury. "He probably did
love her," say the twelve, "because any one would be likely to
do so. If he did love her, of course he didn't falsely
pretend to do so; but if he deserted a woman like that he
ought to be in jail anyway." Thus the argument that ought to
acquit in fact may convict the defendant.


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