书城外语美国公民读本(彩色英文版+中文翻译阅读)
46924000000057

第57章 政府怎样筹钱(2)

grand jury was written out on paper and duly signed.This paper is called an indictment,and Doe was now said to be indicted for burglary.So he was kept in jail until h e should be tried.

3.But the fact that the grand jury had indicted him by no means made it sure that he really had stolen the spoons.It merely meant that the public accusers,the grand jury,thought it probable that he was guilty.But to decide whether he was or not,must be left to a very different body of men acting in a very different way.So we see that the grand jury does not decide the question of guilt or innocence;it merely decides whether,on the whole,it is worth while to keep an accused man in jail until he can be tried and the real facts found out.In other words,the grand jury are,as we have said,the public accusers.In our country no one can be kept long in jail or tried on a charge of breaking the laws unless a grand jury have voted to indict him.

4.We have said that Doe had to be tried in order to decide whether he was guilty or not.Let us look into the room in which the trial is going on,and we shall see at once what we mean by trying a man.

5.In the county courthouse are many offices and rooms.One of these is the courtroom,and it is full of people.It is a rather large room,with a high ceiling.At one end is a desk on a raised platform.Behind this desk sits a gentleman who is evidently presiding.No one speaks without addressing him,and everybody promptly obeys when he gives any directions.If there is any difference of opinion about what the law means he decides it.Whoever speaks to him does not call him by name;they say,“Your honor.”This gentleman is the judge,lie has been elected by the people,or else appointed by the governor of the state.Some states have one way and some another.The judge’s term of office is several years,in some states for life.A person selected as judge is usually a lawyer,and he ought to be a good one.Besides that,he should be a very upright man,fair and just to everybody,incapable of being frightened or flattered or bribed.There is no more honorable place in the whole government than that of a judge,and a person who holds that place is treated with great respect.

6.On another raised platform,at the left of the judge,are twelve mensitting in chairs.They differ very much one from another.Evidently none of them are lawyers.Some are farmers,some are merchants,some are mechanics.This is the jury.They are not appointed,as is the judge,for a long term.Their names have been drawn by lot from a list of citizens in the county,and they are to serve for a single term of the court (a few weeks),or perhaps merely for one trial.These twelve men have left their business and are obliged to give their whole time to the trial of John Doe until his ease is decided.Then they may be excused from further attendance at court,while the judge goes on with a new jury to try another case.The jury do not (at least that is the law in most states)decide disputes about the meaning of the law.It is the judge who does that.The jury decide disputes about facts .In this ease the indictment says that Doe forced his way into a house at night and stole certain silver spoons.Doe denies this,and says that at the time of the burglary he was many miles away from the place.Of course both these statements cannot be true.And it is the business of the jury to decide which is true;in other words,to decide what are the facts in the case.

7.At the right of the judge is another little raised plat form with a railing fronting the jury.This is called the dock,and here the accused person is placed during the trial.John Doe is sitting here,looking at the jury.

8.Just in front of the judge,at another desk,but lower,sits a clerk,who keeps a careful record of all that is done.

9.On the floor in front of the judge and the clerk is a space covered with chairs and a table or two.Here sit a number of busy men,most of them with green bags,from which they draw many papers.These men are lawyers.When a person is on trial before a court of justice he needs to have his ease managed by one who knows the laws,and who understands how to make clear and convincing statements to the judge and jury.So he employs a lawyer.And the lawyers whom we now see gathered in court are here,some of them,ready for the next ease,some interested in this,some merely watching what is going on and hoping that sometime they,too,will be employed;these last are mostly very young men just beginning the profession.

10.The space reserved for the lawyers has a railing which divides it from the body of the room,Here,in benches which rise one above another,are the audience.People are usually quite free to sit and watch the proceedings of the court.Of course the friends of any one who is on trial are present.And many go from mere curiosity,especially if the case is one which has been much discussed in the newspapers.