estimony, the lawyer for the defendant arose and harshly
stigmatized the story of the complainant as a "pack of lies."
"I will prove to you in a moment, gentlemen," exclaimed he to the jury,
"how absurd is this charge against my innocent client. Take the stand!"
The prisoner arose and walked to the witnesschair.
"Open your mouth!" shouted the lawyer.
The defendant did so. He had not a tooth in his head. The delay had been
advantageously employed.
The importance of mere delay to a guilty defendant cannot well be
overestimated. "You never can tell what may happen to knock a case on
the head." For this reason a sufficiently paid and properly equipped
counsel will run the whole gamut of criminal procedure, and:
1. Demur to the indictment.
2. Move for an inspection of the minutes of the proceedings before the
grand jury.
3. Move to dismiss the indictment for lack of sufficient evidence before
that body.
4. Move for a commission to take testimony.
5. Move for a change of venue.
6. Secure, where possible, a writ of habeas corpus and a stay of
proceedings from some federal judge on the ground that his client is
confined without due process of law.
All these steps he will take seriatim, and some cases have been
delayed for as much as two years by merely invoking "legitimate" legal
processes. In point of fact it is quite possible for any defendant
absolutely to prevent an immediate trial provided he has the services of
vigilant counsel, for these are not the only proceedings of which he can
avail himself.
A totally distinct method is for the defendant to secure bail, and,
after securing as many adjournments as possible, simply flee the
jurisdiction. He will then remain away until the case is hopelessly
stale, or he no longer fears prosecution.
In default of all else he may go "insane" just before the case is moved
for trial. This habit of the criminal rich when brought to book for
their misdeeds is too well known to require comment. All that is
necessary is for a sufficient number of "expert" alienists to declare
it to be their opinion that the defendant is mentally incapable of
understanding the proceedings against him or of preparing his defence,
and he is shifted off to a "sanitarium" until some new sensation
occupies the public mind and his offences are partially forgotten.
In this way justice is often thwarted and the law cheated of its victim,
but unless fortune favors him, sooner or later
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