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Courts and Criminals by Arthur Cheney Train
page 145 of 266 (54%)
the witness is a young woman from the East Side, usually a
Polish or Russian Jewess, who charges the defendant, a youth
of about her own age, with stealing her money by means of
false pretences. They have been engaged to be married, and
she has turned over her small savings to him to purchase the
diamond ring and perhaps set him up in a modest business of
his own. He has then fallen in love with some other girl, has
broken the engagement, and the ring now adorns the fourth
finger of her rival. Her money is gone. She is without a
dot. She hurries with her parents and loudly vociferating
friends to the Essex Market Police Court, and secures a
warrant for the defendant on the theory that he defrauded her
by "trick and device" or "false representations." Usually the
only "representation" has been a promise to marry her. Her
real motive is revenge upon her faithless fiance. In nine
cases out of ten the fellow is a cad, who has deliberately
deserted her after getting her money, but it is doubtful
whether any real crime is involved.

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
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