Page:The Green Bag (1889–1914), Volume 11.pdf/91

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72
The Green Bag.

they prefer, state the facts within their knowledge bearing on the issue to be de termined. If not sworn, they are, of course, not subject to the pains and penalties of perjury; but an unsworn statement is not given the weight of testimony which is ac companied with the solemnity of an oath, and the persons who were entitled to the privilege just mentioned generally waived it and were sworn as witnesses. At the conclusion of the testimony the case was submitted to the jury in the form of questions, to be answered Yes or No. Thus: Did the defendant on (a certain day), at (a certain place), commit the acts of which she was charged? If this was answered in the affirmative, the further question was propounded : Were there any circumstances extenuating the offense? If eight of the jury voted Guilty, the first question was answered Yes; if less than eight so voted, it was answered No. The jury could not disagree. Eight could con vict, and five could acquit. The second question was to be answered in the affirma tive if six of the jury so voted. The charge of the judge was oral. The burden of proof, the presumption of innocence, the previous good character of the accused, the definition of reasonable doubt, and other principles of like nature so frequently invoked in Ameri can criminal trials, were not mentioned. The judge clearly and dispassionately informed the jury of the issue to be decided, and then the attorneys argued the case in tones al most conventional when compared to the flights of eloquence often heard in Kansas City court rooms. To their credit, it may be said, the jury acquitted both defendants. The next day a young man, formerly a clerk in the postal service, was arraigned, the charge against him being that he did abstract from a registered letter some two thousand dollars in money. Insurance com panies in Germany hold themselves respon sible for the safe transmission of valuables sent by post, and issue policies to that effect,

and so money is frequently sent in that manner. This defendant pleaded guilty, but the judge called a jury, and very patiently inquired into every circumstance attending the crime, and the jury found the defendant guilty, but with extenuating circumstances, and the sentence fixed by statute was on that account lessened. Conviction of a fel ony in Germany does not absolutely forfeit rights of citizenship as in Missouri, but has that effect for a period to be fixed by the court in awarding the punishment. An interesting tribunal is known as the "Gewerbegericht," or " Trades Court." The word " trade " is used in its mechanical, not commercial, sense, and the court has jurisdiction of trade disputes between em ployes and employers, between employes of a common employer, between piece workers who do not work in a factory and their em ployers, and between piece workers of the same employer. The court has jurisdiction of disputes growing out of the inception, the continuance, or the dissolution of the term of employment. It is made the duty of the master, when the relations between him and the servant are terminated, to give the servant what is commonly known as a "character"; that is, he must state in a book owned by the servant the reason for the ending of the relation theretofore existing between them, whether the servant was discharged for his fault or because the term of service had expired. Should the servant be dissatisfied, with the statement of the master, he may apply to this court for redress. Should the master have a rule whereby under certain circumstances a servant is fined, and a dis pute should arise from the infliction of the penalty, this court has jurisdiction of the same. It is also obligatory upon every person in Germany whose income is less than $500 per year to insure themselves against sickness, death, and old age. Per sons engaged in hazardous employments must be insured against death or injury by accident irrespective of the amount of their