The district
attorney, in view of the peculiarly opportune disappearance of
this person from the jurisdiction, strenuously opposed the
application and hinted at collusion between Ellis and the
witness. The application, however, was granted, and a delay
of over a month ensued. During that time evidence was
procured by the counsel of the prisoner showing conclusively
that the complaining witness was mentally unsound and had made
similar and groundless charges against others. The indictment
was at once dismissed.
But such delays are not always so righteously employed. There
is a story told of a case where a notorious character was
charged with the unusual crime of "mayhem"--biting off another
man's finger. The defendant's counsel secured adjournment
after adjournment--no one knew why. At last the case was
moved for trial and the prosecution put in its evidence,
clearly showing the guilt of the prisoner. At the conclusion
of the People's testimony, the lawyer for the defendant arose
and harshly stigmatized the story of the complainant as a
"pack of lies.
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