he very rare cases where a chemical analysis has been
conducted in open court. The chemist first tested a standard trade
morphine pill with sulphuric acid, so that the jury could personally
observe the various color reactions for themselves. He then took one of
the contested pills and subjected it to the same test. The first pill
had at once turned to a brilliant rose, but the contested pill, being
antiquated, "hung fire," as it were, for some seconds. As nothing
occurred, dismay made itself evident on the face of the prosecutor,
and for a moment he felt that all was lost. Then the five-year-old pill
slowly turned to a faint brown, changed to a yellowish red, and finally
broke into an ardent rose. 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.
Indictments, however, in New York County, whatever may be the case
elsewhere, are no longer "pigeon-holed," and they cannot be adequately
"lost," since certified copies are made of each. The next step,
therefore, is to secure as long a time as possible before trial.
Usually a prisoner has nothing to lose and everything to gain by delay,
and the excuses offered for adjournment are often ingenious in the
extreme. The writer knows one criminal attorney who, if driven to the
wall in the matter of excuses, will always serenely announce the death
of a near relative and the obligation devolving upon him to attend the
funeral. Another, as a last resort, regularly is attacked in open court
by severe cramps in the stomach. If t
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