About this time one of the sleuths comes in to report that certain much-desired witnesses have been “located” and are in custody downstairs.  The assistant makes immediate preparation for taking their statements.  Then one of the experts comes in for a chat about a new phase of the case occasioned by the discovery that the defendant actually did have spasms when an infant.  The assistant wisely makes an appointment for the evening.  A telegram arrives saying that a witness for the defence has just started for New York from Philadelphia and should be duly watched on arrival.  The district attorney sends for the assistant to inquire if he has looked up the law on similar cases in Texas and Alabama—­which he probably has not done; and a friend on the telephone informs him that Tomkins, who has been drawn on the jury, is a boon companion of the prisoner and was accustomed to play bridge with him every Sunday night before the murder.

Coincidently, some private detectives enter with a long report on the various members of the panel, including the aforesaid Tomkins, whom they pronounce to be “all right,” and as never having, to their knowledge, laid eyes on the accused.  Finally, in despair, the prosecutor locks himself in his library with a copy of the Bible, “Bartlett’s Familiar Quotations,” and a volume of celebrated speeches, to prepare his summing up, for no careful trial lawyer opens a case without first having prepared, to some extent, at least, his closing address to the jury.  He has thought about this for weeks and perhaps for months.  In his dreams he has formulated syllogisms and delivered them to imaginary yet obstinate talesman.  He has glanced through many volumes for similes and quotations of pertinency.  He has tried various arguments on his friends until he knows just how, if he succeeds in proving certain facts and the defence expected is interposed, he is going to convince the twelve jurors that the defendant is guilty and, perhaps, win an everlasting reputation as an orator himself.

This superficial sketch of how an important criminal case is got ready for trial would be incomplete without some further reference to something which has been briefly hinted at before—­preparation upon its purely legal aspect.  This may well demand almost as much labor as that required in amassing the evidence.  Yet a careful and painstaking investigation of the law governing every aspect of the case is indispensable to success.  The prosecutor with a perfectly clear case may see the defendant walk out of court a free man, simply because he has neglected to acquaint himself with the various points of law which may arise in the course of the trial, and the lawyer for an accused may find his client convicted upon a charge to which he has a perfectly good legal defence, for the same reason.

Looking at it from the point of view of the prisoner’s counsel, it is obvious that it is quite as efficacious to free your client on a point of law, without having the case go to the jury at all, as to secure an acquittal at their hands.