t their hands.

At the conclusion of the evidence introduced in behalf of the State
there is always a motion made to dismiss the case on the ground of
alleged insufficiency in the proof. This has usually been made the
subject of the most exhaustive study by the lawyers for the defence,
and requires equal preparation on the part of the prosecutor. The writer
recalls trying a bankrupt, charged with fraud, where the lawyer for
the defendant had written a brief of some three hundred pages upon the
points of law which he proposed to argue to the court upon his motion to
acquit. But, unfortunately, his client pleaded guilty and the volume was
never brought into play.

But a mastery of the law, a thorough knowledge and control of the
evidence, a careful preparation for the opening and closing addresses,
and an intimate acquaintance with the panel from which the jury is to be
drawn are by no means the only elements in the preparation for a
great legal battle. One thing still remains, quite as important as the
rest--the selection of the best time and the best court for the trial.
"A good beginning" in a criminal case means a beginning before the right
judge, the proper jury, and at a time when that vague but important
influence known as public opinion augurs success. A clever criminal
lawyer, be he prosecutor or lawyer for the defendant, knows that all the
preparation in the world is of no account provided his case is to come
before a stupid or biased judge, or a prejudiced or obstinate jury.
Therefore, each side, in a legal battle of importance, studies, as well
as it can, the character, connections, and cast of mind of the different
judges who may be called upon to hear the case, and, like a jockey
at the flag, tries to hurry or delay, as the case may be, until the
judicial auspices appear most favorable. A lawyer who has a weak defence
seeks to bring the case before a weak judge, or, if public clamor is
loud against his client, makes use of every technical artifice to secure
delay, by claiming that there are flaws in the indictment, or by moving
for commissions to take testimony in distant points of the country.
The opportunities for legal procrastination are so numerous that in a
complicated case the defence may often delay matters for over a year.
This may be an important factor in the final result.

Yet even this is not enough, for, ultimately, it is the judge's charge
to the jury which is going to guide their deliberati