moved for a commission to take the testimony of this absent, but clearly material, witness in one of the remote States of Mexico—­a proceeding which would require a journey of some two weeks on muleback, beyond the railway terminus.  The district attorney, in view of the peculiarly opportune disappearance of this person from the jurisdiction, strenuously opposed the application and hinted at collusion between Ellis and the witness.  The application, however, was granted, and a delay of over a month ensued.  During that time evidence was procured by the counsel of the prisoner showing conclusively that the complaining witness was mentally unsound and had made similar and groundless charges against others.  The indictment was at once dismissed.

But such delays are not always so righteously employed.  There is a story told of a case where a notorious character was charged with the unusual crime of “mayhem”—­biting off another man’s finger.  The defendant’s counsel secured adjournment after adjournment—­no one knew why.  At last the case was moved for trial and the prosecution put in its evidence, clearly showing the guilt of the prisoner.  At the conclusion of the People’s testimony, the lawyer for the defendant arose and harshly stigmatized the story of the complainant as a “pack of lies.”

“I will prove to you in a moment, gentlemen,” exclaimed he to the jury, “how absurd is this charge against my innocent client.  Take the stand!”

The prisoner arose and walked to the witnesschair.

“Open your mouth!” shouted the lawyer.

The defendant did so.  He had not a tooth in his head.  The delay had been advantageously employed.

The importance of mere delay to a guilty defendant cannot well be overestimated.  “You never can tell what may happen to knock a case on the head.”  For this reason a sufficiently paid and properly equipped counsel will run the whole gamut of criminal procedure, and: 

1.  Demur to the indictment.,

2.  Move for an inspection of the minutes of the proceedings before the grand jury.

3.  Move to dismiss the indictment for lack of sufficient evidence before that body.

4.  Move for a commission to take testimony.

5.  Move for a change of venue.

6.  Secure, where possible, a writ of habeas corpus and a stay of proceedings from some federal judge on the ground that his client is confined without due process of law.

All these steps he will take seriatim, and some cases have been delayed for as much as two years by merely invoking “legitimate” legal processes.  In point of fact it is quite possible for any defendant absolutely to prevent an immediate trial provided he has the services of vigilant counsel, for these are not the only proceedings of which he can avail himself.

A totally distinct method is for the defendant to secure bail, and, after securing as many adjournments as possible, simply flee the jurisdiction.  He will then remain away until the case is hopelessly stale, or he no longer fears prosecution.