William O. Douglas

“ The Court, however, interprets the statute as merely allowing, not compelling, the jury to draw the inference of 'carrying on' from the fact of 'presence.' The jury is left free to reject the inference if, in light of all the circumstances of the case, a reasonable doubt remains as to the defendant's guilt. That is the way the jury would normally function, apart from the statute. So, I have concluded that the statute, as construed, merely provides a rule of evidence and no more.
There are, to be sure, dangers inherent in any statutory presumption. ”

“ Excessive timidity, nervousness when facing others and attempting to explain transactions of a suspicious character, and offences charged against him, will often confuse and embarrass him to such a degree as to increase rather than remove prejudices against him. * * * (C) ounsel is forbidden by the statute (now 18 U.S.C. § 3481) to make any comment which would create or tend to create a presumption against the defendant from his failure to testify.' Wilson v. ”