by eleven jurors, advisability of,347Voir dire,305,324Warren, Chas. D., definition of criminals by,19,24within the definition,24"Watch, The,"109Wellman's "Art of Cross-Examination,"282,287,298,299Wigmore, Professor John H. See Introduction"Wire tappers," wire tapping described,14(See McCord and Livingston and Tompkins cases)Witnesses (Chapter XII). See Evidence.value of testimony of,224original capacity of, for observing correctly,225children make remarkable,225,226often honestly mistaken,226present stronger testimony in court than upon preliminary examination,228unconscious amplification by,229,230fallibility of the honest witnesses,230recollect impossible details,232who refresh recollection,233ultimate test of value of testimony of,236physical condition of important,236to be convincing must be positive,237the most effective witness with jury,237measurement of time by,238difficulty of finding language comprehensible to,238,239difficulty with foreign,239Wood, Fernando,319Women in the Courts (Chapter XV), sentences of, table,202their evidence originally regarded with suspicion,279-281men said to rely on power of281Women in the Courts, reason, women on intuition,281do not differ from men in original capacity to observe,282confuse knowledge with imagination and belief,282illustration,283their habit of stating inference,283more ready to swear testimony through than men,284more ready to commit perjury than men,285often make remarkable witnesses,285frequently couple with answer statement damaging to defendant,285silent cross-examination of, the most effective,286old women simulating stupidity the most dangerous,288more difficult to cross-examine than men,291,292testimony of, little different from men's,292number of, indicted and tried,292number of complaints by,292tried by opposite sex,293more likely to persuade jury than men293,295effect of beauty of, on jury,295juries apt to be more lenient with,296no woman has suffered death penalty in this country in twenty years,299number of, convicted in proportion to those indicted compared with men,299,300number of, prosecuted, few,300,301earliest case on record of prosecution of woman for murder,301larger proportion of, charged with murder, than men convicted,334false popular impression that few women are convicted,334Wrongs, relation of, to crime,1,2,3huge number of, not crimes at all,7