380 THE POPULAR SCIENCE MONTHLY. 



class. The result is always overeating and under-exercise. This 

 alone would quickly break up or disorder the mental activities. 

 In addition to this, the confinement in the bad air of court 

 rooms brings new sources of poisoning, particularly deficient 

 oxidation, which of itself is sufficient to derange the normal 

 brain functions. The crowded rooms at hotels are either over- 

 heated and badly ventilated or cold and noisy. The time for 

 retiring and rising varies, and the usual habits of the juryman 

 are changed in every respect. His accustomed food, sleep, and 

 exercise, and his manner of thinking and the subject of his 

 thoughts, all are broken up. He is asked to follow an intricate 

 chain of reasoning, and discriminate the errors, and told that 

 this is true and that is true, and that the law should lead him to 

 some other point. He is flattered, and his pride is roused to do 

 the best he can. He grows more incapacitated daily as the evi- 

 dence accumulates and his system becomes deranged. Then, in 

 despair, he will suddenly form some conclusion, guided by a 

 fancy for some attorney or some remark by the judge. Perhaps 

 a stubborn member of the jury has formed a conviction on the 

 first day of the trial, and all the rest of the time is passed uncon- 

 scious of evidence, pro or con, and in the jury room his very 

 stubbornness wins. 



In a noted murder trial at Portland, Me., it was evident that 

 the jury had been impressed favorably to the prisoner. The 

 prosecuting attorney suggested to the sheriff that he invite the 

 jury to church. Sunday evening to hear a noted preacher. The 

 topic of the clergyman was, " God's Hatred of Sin, and Divine 

 Judgment." The attorney knew the topic and the intense dog- 

 matism of the preacher, and calculated its effect on the jury. 

 A verdict of conviction followed, due almost entirely to the 

 sermon. 



The personal characteristics of the jury are often the only 

 doors through which they can be influenced. Religious, political, 

 and social or personal prejudices are often considered by counsel 

 in the presentation of the evidence. In reality, the average jury- 

 man becomes more incapacitated to rise above his prejudices, or 

 to reason impartially, every day he is confined to the court room. 

 At the end of a long trial he is utterly unable to form any new 

 views, and nothing remains but his old prejudices, and these are 

 often more fixed than ever. 



The following record of a juryman's experience was made by 

 a carpenter of more than average intelligence. He put down 

 each night his impressions : The first day he was impressed with 

 the magnitude of the case and the sadness of the prisoner. He 

 did not sleep the first night, for the reason that four men occu- 

 pied one room. The air was bad, and two men snored loudly. 



