It has indeed been held, to such a length does the law extend its protection and privileges to the female, that even the concealment by a wife from the husband at the time of marriage that she was then pregnant by another man was no ground for declaring the marriage null and void.
The above may be taken as a fair all-round, although by no means an exhaustive, statement of the present one-sided condition of the civil law as regards the relation of husband and wife. We will now pass on to the consideration of the relative incidence of the criminal law on the two sexes. We will begin with the crime of murder. The law of murder is still ostensibly the same for both sexes, but in effect the application of its provisions in the two cases is markedly different. As, however, these differences lie, as just stated, not in the law itself but rather in its administration, we can only give in this place, where we are dealing with the principles of law rather than with their application, a general formula of the mode in which the administration of the law of murder proceeds, which, briefly stated, is as follows: The evidence even to secure conviction in the case of a woman must be many times stronger than that which would suffice to hang a man. Should a conviction be obtained, the death penalty, though pronounced, is not given effect to, the female prisoner being almost invariably reprieved. In
