"Who never ate his bread with tears, had been the owner of a small store in which Who never passed the midnight hours notions and woman's goods had been offered Upon his bed engulfed with fears, for sale. She had filed a voluntary petition He knows ye not, ye heavenly powers." in bankruptcy and had failed to disclose all her assets, in that she had kept five dollars on and paraphrasing them, observed : " Who never pawned his goods knows not what he her person, about thirty-two cents in a sav ings bank, and some unseasonable, moth- might do." He told the jury that when he eaten woollen goods, the value of which the was at the university he often found it neces testimony did not disclose. It also appeared sary to pawn his watch, and in so doing that she had purchased a ticket in one of the always assumed a name. lotteries which in Germany are not only law The woman defendant, when confronted ful, but are often operated either by the state with the set of books kept by her, and which were claimed to be incomplete, testified that or the churches, or some of the many chari table or benevolent organizations which there one of the books she had was missing. abound. This lottery had four drawings, So far as such a system permits, the judge and these drawings occurred at intervals of was exceedingly fair, but ever and anon he three months. The purchaser of a ticket would turn to the jury and ask them to re paid one fourth of its price at the time he member that the defendant had admitted a bought it. If the ticket failed to appear at fact damaging to her, and he would as fre the first drawing, the holder thereof was quently express his opinion of the proba privileged to pay the second instalment of bility of the defendant's answer in this the price, and participated in the next draw manner: "You will scarcely expect the ing, and so on to the end. The woman had jury to believe that"; or, " It may be your purchased such a ticket, had paid the first counsel can explain that." He was quite instalment, and had drawn no prize. Instead thorough; and when he had finished with of scheduling the ticket as an asset, she gave the defendants (the man going through the it to her co-defendant, who of his own funds same process as the woman), the prosecut paid the second and third instalments on the ing attorney had nothing, and the defense ticket, and at the third revolution of the little, to ask. wheel a prize of $375 was drawn, and there The witnesses were introduced in rapid upon the co-defendant, a man, gave this succession, each being sworn by " God, allwoman $100 of the prize. powerful and all-knowing," to tell the truth. There was an expert, and to his oath was It also appeared that the woman had added the word " impartially." In Ger pledged some of her personal belongings at the public pawn-houses which prevail in many, if an issue involving expert knowledge Germany, not in her married but in her is raised, the court appoints the witnesses on maiden name, and did not schedule the this point, and the conclusion they reach is pawn tickets among her assets. There was binding on the tribunal. In this case the no evidence that the value of the pledge was expert was asked if the books present in greater than the amount advanced thereon, court were sufficient to show the state of defendant's business, which he answered in but this seemingly did not palliate the of fense. The circumstance that a name was the negative. He was then asked if the book claimed by defendant to be missing assumed by the defendant was severely com would complete the set, and this was an mented on by the prosecution, and as in geniously avoided by the counsel for the swered in the affirmative. defense. He repeated to the jury Goethe's Persons within certain degrees of kinship do not have to take an oath, but may, if lines : —
