the justice with his prisoner, and makes a return of his warrant. This is a short statement

Return.

of the manner in which the command has been executed. It is written on the back of the instrument, and signed by the officer. A detailed account of charges is also rendered.

Recognizance.

The justice then appoints a time for the examination, and the accused may be admitted to bail; that is, he may be delivered to persons who give security that he shall appear at the specified time, to answer to the complaint. These persons are said to recognize, or give a recognizance, which is a written obligation to pay a certain sum of money if a specified condition is not complied with. If the accused can find no person willing to become surety for his appearance, he is kept in custody.

Meanwhile, at his request, the justice issues what is called a subpoena to each of such persons

Subpœna.

as the defendant wishes to testify in his behalf. This instrument requires the individual named to appear at a certain time and place, to give evidence in the case. The names of the complainant and of the defendant are specified.

Jurisdiction.

At the appointed time, the accused is brought before the justice. If the value of the property stolen is less than a certain amount specified by statute, the justice has final jurisdiction; that is, he may, if the crime is proved, pass sentence, and make the necessary orders for carrying it into effect. If the value is greater than the legal limit, the justice examines the accused, and, if the evidence is sufficient, requires him to give a recognizance to appear before the Superior court for trial. In this case, the justice has only initial jurisdiction.

The parties being in the presence of the justice, the arraignment takes place. The defendant.

rises; the justice reads to him the com

Arraignment.

Plea.

plaint, and asks him what he says to it," Guilty," or "Not guilty." His answer is the plea. If he pleads "Guilty," sentence may be passed at once. If he pleads "Not guilty," evidence is then presented tending to prove his guilt.

Testimony.

The witnesses for the government are called, and standing, and raising their right hands, swear to tell the truth, the whole truth, and nothing but the truth. They are then called separately; and each tells what he knows of the case. After this examination of the witness, he is cross-examined, as it is called, by the counsel for the defendant; whose aim is, to destroy the effect of his testimony by involving him in contradictions, or by showing his incapacity. After all the evidence is presented against the party, the witnesses for the defence are called and sworn, and examined separately, first by the defendant's counsel, then by the representative of the government.

Counsel.

When all the evidence upon both sides has been heard, the counsel for the defendant pro- Arguments of ceeds to make an argument in his favor based upon the evidence adduced. This argument is frequently, but improperly, called a plea.

The justice, having heard the evidence and the argument, considers the case, and passes judg

ment upon it. He declares the defendant

Sentence.

guilty, and pronounces the sentence; or not guilty, and releases him.

The penalty may be a fine and costs. determine the limit of the fine, and regulate the charges which are included under

The statutes

Costs

the title "costs."

These are, the fees of the justice unless he has a salary, of the officer for serving the warrant and summons, and of the witnesses.

In case the fine and costs are not paid, the convicted man may be committed to jail until they

Commitment.

are paid; or, if unable to pay, for a specified number of days.

Appeal.

This would end the proceedings in a justice's or police court; but, if the defendant is not satisfied with the decision, he may appeal to the Superior Court. In this case, he is required to bring sureties, who give their recognizance for him to appear before the higher court to prosecute his appeal. This would secure him a new trial before a jury. The features of a jury trial will now be presented. In the case that has been considered, if the crime had been beyond the jurisdiction of the Examination. justice, an examination of the witnesses would have taken place. If the justice thought there was sufficient evidence of guilt, he would require him to furnish bail for his appearance at the next term of the higher court; or, if he could not find bail, would commit him to jail meanwhile. The justice would then send the complaint, with a record of the proceedings thereon, to the district attorney.

Previous to the beginning of a criminal term of the Superior Court, twenty-three of the perGrand Jury. sons who have been drawn as jurors, being those first drawn, present themselves before the judges who are to hold the court, and take an oath, diligently, and without fear or favor, to inquire into such cases as may be brought before them, and to keep their deliberations secret. This body is the Grand Jury. The court

gives them directions as to their duties. The members choose a foreman and a clerk.

Indictment.

The district attorney prepares a formal accusation against the person whom we have supposed under recognizance to appear at the Superior Court. This instrument is called an indictment, and specifies the name and residence of the party, and the crime with which he is charged. Witnesses in support of the charge are sworn and heard, but none for the defence. If twelve of the jury agree that the person should be brought to trial, the foreman indorses upon the indictment the words, "A true bill," and signs it. If the jury think there is not sufficient ground for the accusation, the foreman writes, "Not found," and signs it. This instrument forms the basis of action in the Superior Court, as the complaint does in the lower court.

Challenge.

When the time arrives for the trial, a list of twelve jurors is read by the clerk. Exception may be taken to any of these by the accused, on the ground of character, incompetency, or prejudice. This objection is called a challenge. The accused may challenge two jurors peremptorily; that is, without assigning cause. Other names are substituted, until the number twelve is complete. Each member then swears that he will well and truly try the issue between the Commonwealth and the defendant, according to the law and the evidence. This body is called a petit jury. Its business is to hear the evidence, and then decide whether the accused is guilty, or not, of the crime specified in the indictment.

The steps in the trial are similar to those in the lower court, the arraignment, the plea, the testimony,

1 In the Superior Court all criminal cases are prosecuted by the district-attorney, and are tried by jury.

the arguments. Charge.

After the case has been presented to the jury by the attorney, the judge makes his charge to the jury, in which he explains the law bearing upon the case, and indicates to them the principles that should guide them in making their decision.

The jury then retire, in charge of the sheriff, for consultation. They are kept by them

Verdict.

selves until they make up their opinion. If they are unanimous in that opinion, they return to the court-room, where the foreman announces the verdict; which must be, "Guilty," or "Not Guilty." If the jury cannot agree, they may be discharged; in which case, a new trial would be necessary. If the verdict is "Guilty," the court pronounces the sentence which the law requires.1

If the penalty is imprisonment, the person is committed to the sheriff to be lodged in the designated place of confinement; if a fine,

Sentence.

legal steps are taken to secure its payment. The case may not end here. During the trial, objections may have been made to the admisExceptions.

sion of certain evidence. The judge has ruled that it may be admitted. The counsel takes exceptions to the ruling of the judge. If the judge allows the exceptions, they are properly framed, and go to the full bench of the Supreme Judicial Court at a law term; where arguments are made by the counsel on both sides. If the court sustains the ruling of the judge, the case is remanded to the Superior Court for sentence. If the ruling is not sustained, a new trial is had at some future term of the Superior Court.

1 If the verdict is "not guilty," the person can never be tried again for the same offence.