nesses are called and the jury report what they think has been the cause of death-"from a blow struck by a person unknown," for instance. This is usually a brief and unimportant process.

The Arrest. Meantime the district attorney of the county and the county detectives as well as the local police have been hard at work. Within a few days a man brings suspicion on himself through the lavish spending of money and it is found that he lives not far from the scene of the crime. The police can arrest at once on reasonable suspicion and they do arrest if there is any fear that the suspect will escape. (Can a private citizen make an arrest? Only if a crime is actually committed in his presence.) Here the district attorney goes privately to a judge and secures a warrant (that is an order) for the man's arrest. The police arrest the man and lock him up.

If this happens in a large city the prisoner is at once photographed and measured by the Bertillon system and thus, if he has ever committed a crime before, he is at once identified by his measurements and his old record produced even though it may have been years before and he is now living under an alias, that is, an assumed name.

A Prisoner's Rights. Here in jail the law at once begins to protect the prisoner from injustice. It provides that a prisoner when questioned must be warned that everything he says may be used against him; and that if this warning is not given or if force or duress (that is, threats or terrorism amounting to force) is used, nothing that the prisoner says can be used against him.

As soon as he is arrested a prisoner is entitled to the advice of counsel. Many other safeguards will appear later. They are all based on the broad idea that every man is to be presumed innocent until he is proven guilty. That is something we should all remember and apply, for it holds true in every-day life just as much as in a trial in court. It is one of the noblest principles of that splendid body of law which we have inherited from England. The chance is a long one that any honest, well-meaning American will ever be falsely accused and arrested. But if he is, his very life may depend upon our wise and benign system of law which protects the innocent just as zealously as it seeks out the guilty.

Habeas Corpus.-These Latin words mean "Have the body." It is a writ, that is, an order, issued by a judge requiring the officers of a jail to bring a prisoner before him. "Have the body brought before the court" is the full idea. The purpose is to prevent unlawful arrest and imprisonment. If a prisoner does not know why he was arrested or whether he is legally detained, he can find out by obtaining this writ. The court must investigate and decide whether the prisoner is legally held. If illegally held he sets him free. This is an old English writ of the greatest importance to our liberties.

The national Constitution protects it in Article I, Section 9, Paragraph 2. Yet there is also a clear recognition that in time of war private rights must give way to public safety. Under these conditions Congress can suspend the right to the writ and permit imprisonment without the necessity of explaining why.

Arraignment. The prisoner is next brought into court before a justice of the peace (in a city before a police magistrate) and a brief hearing is given to the evidence. If the crime charged were a minor one (disorderly conduct or a violation of a speed law) the justice of the peace could go ahead and try the case and find the defendant guilty or not guilty. But the charge being a grave crime, he can only decide whether the prisoner shall or shall not be "held for the grand jury," that is, kept in jail until the grand jury can hear the evidence. If there is no evidence he sets the prisoner free.

Bail. In the case of ordinary crimes, a prisoner can be released on bail while awaiting further action. That is, his friends who own property can sign a bond in an amount fixed by the court, agreeing to produce the defendant in court when he is wanted or forfeit the sum named. (A defendant is said to "jump his bail" if he runs away.) Murder is such a grave charge that a prisoner accused of it is not admitted to bail.

The Grand Jury.-This is the first part of our jury system. It is composed of not less than twelve or more than twenty-three citizens. The district attorney brings the State's witnesses before this body and presents the case to them. The grand jury sits in secret and hears only the side of the prosecution. The defendant's case is not heard. If at least twelve of the grand jury believe that the prisoner ought to be tried for the murder, the district attorney draws up an indictment making the charge of murder against the prisoner and the foreman writes across the back of the indictment the words "A true bill."

The

This is not at all a trial of the defendant's guilt or innocence, you see. After indictment, as before, the defendant is still "presumed to be innocent." grand jury has simply decided that enough evidence exists to require the prisoner's trial. It is another protection of the innocent, the theory being that no one man, not even a public official like the district attorney, should be able to make a citizen stand trial.

The Plea. The defendant is now brought before the court to "plead." The indictment is read to him and he is asked whether he is "Guilty or not guilty." If he pleads "Guilty" that is the end, and the court proceeds to sentence him without trial.

The Trial. If he pleads "Not guilty" the trial may not take place for months since the lawyers have much work to do preparing their cases. To compel witnesses to attend, a "subpoena" for each is issued by the court commanding him to appear. This is "served upon" (that is, handed to) the witness by the lawyer who wishes him present. A subpoena must always be obeyed. It is a serious offense to disregard any order of a court.

On the day fixed by the judge the defendant is brought into court and the trial begins. The whole proceedings must be public that they may be watched and no star-chamber action take place. Also the defendant must be present throughout. He sits with his counsel facing judge, witness, and jury.

The Trial Jury.-This is the second and more important part of our jury system. It is sometimes called the "petit jury," which means "small jury" to distin

The judge is shown seated at the high desk below the picture of Justice. On his left is the court clerk, on his right a witness on the witness-stand. Next to the witness is the court stenographer. The group seated before the judge are the counsel on both sides of the case. In a criminal case the defendant also sits at this table. The men on the left of the picture seated in two rows are jurors in the jury-box