of of minute facts which tend to demonstrate
the guilt of an accused are the joy of the natural prosecutor, and he
may in his enthusiasm spend many thousands of dollars on what seems, and
often is, an immaterial matter. Youthful officials intrusted with the
preparation of important cases often become unduly excited and forget
that the taxpayers are paying the bills. The writer remembers sitting
beside one of these enthusiasts during a celebrated trial. A certain
woman witness had incidentally testified to a remote meeting with
the deceased at which a certain other woman was alleged to have been
present. The matter did not seem of much interest or importance, but
the youth in question seized a yellow pad and excitedly wrote in blue
pencil, "Find Birdie" (the other lady) "at any cost!" This he handed
to a detective, who hastened importantly away. It is to be hoped that
"Birdie" was found speedily and in an inexpensive manner.
When the case against Albert T. Patrick, later convicted of the murder
of the aged William M. Rice, was in course of preparation, it was found
desirable to show that Patrick had called up his accomplice on the
telephone upon the night of the murder. Accordingly, the telephone
company was compelled to examine several hundred thousand telephone
slips to determine whether or not this had actually occurred. While the
fact was established in the affirmative, the company now destroys its
slips in order not to have to repeat the performance a second time.
Likewise, in the preparation of the Molineux case it became important
to demonstrate that the accused had sent a letter under an assumed name
ordering certain remedies. As a result, one of the employees of the
patent-medicine company spent several months going over their old mail
orders and comparing them with a certain sample, until at last the
letter was unearthed. Of course, the district attorney had to pay for
it, and it was probably worth what it cost to the prosecution, although
Molineux's conviction was reversed by the Court of Appeals and he was
acquitted upon his second trial.
The danger is, however, that a prosecutor who has an unlimited amount
of money at his disposal may be led into expenditures which are hardly
justified simply because he thinks they may help to secure a conviction.
Nothing is easier than to waste money in this fashion, and public
officials sometimes spend the county's money with considerably more
freedom than they would
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