ordingly as many cases in which right was
turned into wrong as in which wrong was turned into right, while with
the men the changes to the right had an overweight of 26 per cent.
The self-analysis of the women indicated clearly the reason for their
mental stubbornness. They heard the arguments, but they were so fully
under the autosuggestion of their first decision that they fancied
that they had known all that before, and that they had discounted the
arguments of their opponents in the first vote. The cobbler has to
stick to his last; the psychologist has to be satisfied with analyzing
the mental processes, but it is not his concern to mingle in politics.
He must leave it to others to decide whether it will really be a gain
if the jury box is filled with individuals whose minds are unable to
profit from discussion and who return to their first idea, however
much is argued from the other side. It is evident that this tendency
of the female mind must be advantageous for many social purposes. The
woman remains loyal to her instinctive opinion. Hence we have no right
to say that the one type of mind is in general better than the other.
We may say only that they are different, and that this difference
makes the men fit and the women unfit for the particular task which
society requires from the jurymen.
Practical experience seems to affirm this experimental result on many
sides. The public of the east is still too little aware of this new
and yet powerful influence in the far west, where the jury box is
accessible to women. There is no need to point to extreme cases. Any
average trial may illustrate the situation. I have before me the
reports of the latest murder trial at Seattle, the case of Peter
Miller. The case was unusual only in that the defendant had been
studying criminal law during his incarceration in jail, and addressed
the jury himself on his own behalf in an argument that is said to have
lasted nine hours. The jury was out quite a long time. Eleven were for
acquittal, one woman was against it. The next day the papers brought
out long interviews with her in which she explained the situation. She
characterized her general standing in this way: "I am a dressmaker,
and go out every day, six days in the week. I read the classified ads
and glance at the headlines, but I don't have much time to waste on
anything else." But her attitude in the jury room was very similar.
She says: "I was sure of my opinion. I didn't tr
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