se specified
above, and to dismiss them or hold them for trial in a court having
jurisdiction, as the facts seem to warrant.

3. _To prevent_ crimes, by requiring reckless persons to give security to
keep the peace.

PROCEEDINGS IN CRIMINAL TRIAL.

Preliminary.

Complaint.--If a crime has been committed, the sufferer, or any one else,
may appear before the justice of the peace and make complaint, under oath,
specifying the nature of the crime, the time of its commission, and the
name of the person believed to have perpetrated it, and requesting that he
be apprehended for trial.

Warrant.--If upon careful examination of the complainant and any witnesses
whom he may bring, it appears that the offense has probably been
committed, the justice issues a warrant, reciting the substance of the
complaint, and commanding an officer to arrest the accused and produce him
for trial.

Return.--The officer arrests the accused, brings him before the justice,
and makes a return of the warrant. The return is a statement on the back
of the warrant telling how its commands have been executed. (See p. 283)

Bail.--The accused is entitled to a speedy trial. But if for good cause it
seems best to postpone it, the accused may be released from custody upon
giving sufficient bail for his appearance at the time fixed for trial. If
he cannot furnish bail, he is committed to jail or left in charge of the
officer.

Subpoena.--One good reason for postponing a trial is to enable the parties
to secure witnesses. To this end, the justice issues subpoenas. But in
this case the witnesses must come without the tender of the fee.

_The Trial._

Arraignment.--The first step in the trial proper is to inform the
defendant of the nature of the crime with which he is charged. The
accusation, as stated in the warrant, is distinctly read to him by the
justice, and he is required to plead thereto. If he pleads guilty,
conviction and sentence may follow at once. If he pleads not guilty, the
trial proceeds.

Trial.--After the joining of issue, and before the court proceeds to the
examination of the merits of the case, a jury is impaneled as in a civil
action. A jury may be waived by the defendant. Then follow the taking of
the testimony, the arguments of counsel, the consideration and verdict by
the jury. The defendant is then discharged if not guilty, or sentenced if
found guilty. The penalty depends, of course, upon the nature of the
offense.