Bail.—­The accused is entitled to a speedy trial.  But if for good cause it seems best to postpone it, the accused may be released from custody upon giving sufficient bail for his appearance at the time fixed for trial.  If he cannot furnish bail, he is committed to jail or left in charge of the officer.

Subpoena.—­One good reason for postponing a trial is to enable the parties to secure witnesses.  To this end, the justice issues subpoenas.  But in this case the witnesses must come without the tender of the fee.

The Trial.

Arraignment.—­The first step in the trial proper is to inform the defendant of the nature of the crime with which he is charged.  The accusation, as stated in the warrant, is distinctly read to him by the justice, and he is required to plead thereto.  If he pleads guilty, conviction and sentence may follow at once.  If he pleads not guilty, the trial proceeds.

Trial.—­After the joining of issue, and before the court proceeds to the examination of the merits of the case, a jury is impaneled as in a civil action.  A jury may be waived by the defendant.  Then follow the taking of the testimony, the arguments of counsel, the consideration and verdict by the jury.  The defendant is then discharged if not guilty, or sentenced if found guilty.  The penalty depends, of course, upon the nature of the offense.

PROCEEDINGS IN EXAMINATION.

Need of Examination.—­Over crimes punishable by fine greater than $100 or imprisonment for more than three months, a justice of the peace usually has no jurisdiction of trial.  The action must be tried in the district court, on the indictment of a grand jury.  But in the meantime the perpetrator of a crime might escape.  To prevent this, the accused may be arrested and examined by a justice of the peace, to ascertain whether or not there are sufficient grounds for holding him for trial.

Proceedings.—­The preliminary proceedings are precisely like those in case of a trial.  Upon complaint duly made a warrant is issued, and the accused is arrested and brought before the justice.  In the presence of the accused, the magistrate examines the complainant and witnesses in support of the prosecution, upon oath, “in relation to any matter connected with such charge which may be deemed pertinent.”

Rights of Accused.—­The accused has a right to have witnesses in his behalf, and to have the aid of counsel, who may cross-examine the witnesses for the prosecution.

The Result.—­If it appears upon examination that the accused is innocent of the crime, he is discharged.  If his guilt seems probable, he is held to await the action of the grand jury.  In the case of some offenses bail may be accepted.  But if no suitable bail is offered, or if the offense is not bailable, the accused is committed to jail.  Material witnesses for the prosecution may be required to give bonds for their appearance at the trial, or in default thereof may be committed to jail.