d is trying to get a writ of mandamus to compel them
to take him back and let him serve out the rest of the sentence!"

Probably the most successful instance on record of making use of a
dummy occurred in the early stages of the now famous Morse-Dodge divorce
tangle. Dodge had been the first husband of Mrs. Morse, and from him
she had secured a divorce. A proceeding to effect the annulment of her
second marriage had been begun on the ground that Dodge had never been
legally served with the papers in the original divorce case--in other
words, to establish the fact that she was still, in spite of her
marriage to Morse, the wife of Dodge. Dodge appeared in New York and
swore that he had never been served with any papers. A well-known and
reputable lawyer, on the other hand, Mr. Sweetser, was prepared to swear
that he had served them personally upon Dodge himself. The matter was
sent by the court to a referee. At the hour set for the hearing in
the referee's office, Messrs. Hummel and Steinhardt arrived early, in
company with a third person, and took their seats with their backs to a
window on one side of the table, at the head of which sat the referee,
and opposite ex-Judge Fursman, attorney for Mrs. Morse. Mr. Sweetser was
late. Presently he appeared, entered the office hurriedly, bowed to
the referee, apologized for being tardy, greeted Messrs. Steinhardt and
Hummel, and then, turning to their companion, exclaimed: "How do you do,
Mr. Dodge?" It was not Dodge at all, but an acquaintance of one of Howe
& Hummel's office force who had been asked to accommodate them. Nothing
had been said, no representations had been made, and Sweetser had
voluntarily walked into a trap.

The attempt to induce witnesses to identify "dummies" is frequently
made by both sides in criminal cases, and under certain circumstances
is generally regarded as professional. Of course, in such instances no
false suggestions are made, the witness himself being relied upon to
"drop the fall." In case he does identify the wrong person, he has, of
course, invalidated his entire testimony.

Not in one case out of five hundred, however, is any attempt made
to substitute a "dummy" for the real defendant, the reason being,
presumably, the prejudice innocent people have against going to prison
even for a large reward. The question resolves itself, therefore, into
how to get the client off when he is actually on trial. First, how can
the sympathies of the jury