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Train, Arthur Cheney, 1875-1945

"Courts and Criminals"

The jury settled back into their seats with an audible
"Ah!" and the defendant was convicted.
Let us return, however, to that point in the proceedings where
the defendant has been "held for trial" by the magistrate.
The prisoner's counsel now endeavors to convince the district
attorney that "there is nothing in the case," and continues
unremittingly to work upon the feelings of the complainant.
If he finds that his labors are likely to be fruitless in both
directions, he may now seek an opportunity to secure
permission for his client to appear before the grand jury and
explain away, if possible, the charge against him.
We will assume, however, that, in spite of the assiduity of
his lawyer, the prisoner has at last been indicted and is
awaiting trial. What can be done about it? Of course, if the
case could be indefinitely adjourned, the complainant or his
chief witness might die or move away to some other
jurisdiction, and if the indictment could be "pigeon-holed"
the case might die a natural death of itself.


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