If the judge lets the case go to the jury it is a pure gamble as to what the result will be, and it may largely turn on the girl’s physical attractiveness.  If she be pretty and demure a mixture of emotions is aroused in the jury.  “He probably did love her,” say the twelve, “because any one would be likely to do so.  If he did love her, of course he didn’t falsely pretend to do so; but if he deserted a woman like that he ought to be in jail anyway.”  Thus the argument that ought to acquit in fact may convict the defendant.  If the rival also is pretty, hopeless confusion results; while if the complainant be a homely girl the jury feels that he must have intended to swindle her anyway, as he could never have honestly intended to marry her.  Thus in any case the Lothario is apt to pay a severe penalty for his faithlessness.

The man prosecuted by a woman, provided she cannot be persuaded to withdraw the charge against him, is likely to get but cold consideration for his side of the story and short shrift in the jury-room.  Turn about, if he can get a young and attractive woman to swear to his alibi or good reputation the honest masculine citizen whom he has defrauded may very likely have to whistle for his revenge.  Many a scamp has gone free by producing some sweetly demure maiden who faithfully swears that she knows him to be an honest man.  A blush at the psychological moment and a wink from the lawyer is quite enough to lead the jury to believe that, if they acquit the defendant, they will “make the young lady happy,” whereas if he is convicted she will remain for aye a heart-broken spinster.  Like enough she may be only the merest acquaintance.

The writer is not likely to forget a distinguished lawyer’s instructions to his client who happened also to be a childhood acquaintance—­as she was about to go into court as the plaintiff in a suit for damages: 

“I would fold my hands in my lap, Gwendolyn—­yes, like that —­and be calm, very calm.  And, Gwendolyn, above all things, be demure, Gwendolyn!  Be demure!”

Gwendolyn was the demurest of the demure, letting her eyes fall beneath their pendant black lashes at the conclusion of each answer, and won her case without the slightest difficulty.

The unconscious or conscious influence of women upon the intellects of jurymen has given rise to a very prevalent impression that it is difficult if not impossible successfully to prosecute a woman for crime.  This feeling expresses itself in general statements to the effect that as things stand to-day a woman may commit murder with impunity.  Experience, supplemented by the official records, demonstrates, however, that, curious as it must seem, the same sentiment aroused by a woman supposed to have been wronged is not inspired in a jury by a woman accused of crime.  It is, indeed, true that juries are apt to be more lenient with women than with men, but this leniency shows itself not in acquitting them of the crimes charged against them, but of finding them guilty in lower degrees.