One
thing still remains, quite as important as the rest--the
selection of the best time and the best court for the trial.
"A good beginning" in a criminal case means a beginning before
the right judge, the proper jury, and at a time when that
vague but important influence known as public opinion augurs
success. A clever criminal lawyer, be he prosecutor or
lawyer for the defendant, knows that all the preparation in
the world is of no account provided his case is to come before
a stupid or biased judge, or a prejudiced or obstinate jury.
Therefore, each side, in a legal battle of importance,
studies, as well as it can, the character, connections, and
cast of mind of the different judges who may be called upon to
hear the case, and, like a jockey at the flag, tries to hurry
or delay, as the case may be, until the judicial auspices
appear most favorable. A lawyer who has a weak defence seeks
to bring the case before a weak judge, or, if public clamor is
loud against his client, makes use of every technical artifice
to secure delay, by claiming that there are flaws in the
indictment, or by moving for commissions to take testimony in
distant points of the country.
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