Courts, Criminals and the CamorraTrain, Arthur Cheney
History
Courts, Criminals and the Camorra
Train, Arthur Cheney
Camorra; Criminals -- United States; Justice, Administration of -- United States
The writer once prosecuted a druggist who had, by mistake, filled
a prescription for a one-fourth-grain pill of calomel with a
one-fourth-grain pill of morphine. The baby for whom the pill was
intended died in consequence. The defence was that the prescription
had been properly filled, but that the child was the victim of various
diseases, from acute gastritis to cerebro-spinal meningitis. In
preparation the writer was compelled to spend four hours every evening
for a week with three specialists, and became temporarily a minor
expert on children’s diseases. To-day he is forced to admit that he
would not know a case of acute gastritis from one of mumps. But the
druggist was convicted.
Yet it is not enough to prepare for the defence you _believe_ the
accused is going to interpose. A conscientious preparation means
getting ready for _any_ defence he may endeavor to put in. Just as the
prudent general has an eye to every possible turn of the battle and
has, if he can, re-enforcements on the march, so the prosecutor must
be ready for anything, and readiest of all for the unexpected. He must
not rest upon the belief that the other side will concede any fact,
however clear it may seem. Some cases are lost simply because it never
occurs to the district attorney that the accused will deny something
which the State has twenty witnesses to prove. The twenty witnesses
are, therefore, not summoned on the day of trial, the defendant _does_
deny it, and as it is a case of word against word the accused gets the
benefit of the doubt and, perhaps, is acquitted.
No case is properly prepared unless there is in the court-room every
witness who knows anything about any aspect of the case. No one can
foretell when the unimportant will become the vital. Most cases turn on
an unconsidered point. A prosecutor once lost what seemed to him the
clearest sort of a case. When it was all over, and the defendant had
passed out of the court-room rejoicing, he turned to the foreman and
asked the reason for the verdict.
“Did you hear your chief witness say he was a carpenter?” inquired the
foreman.
“Why, certainly,” answered the district attorney.
“Did you hear me ask him what he paid for that ready-made pine door he
claimed to be working on when he saw the assault?”
The prosecutor recalled the incident and nodded.
“Well, he said ten dollars—and I knew he was a liar. A door like that
don’t cost but four-fifty!”
It is, perhaps, too much to require a knowledge of carpentry on the
part of a lawyer trying an assault case. Yet the juror was undoubtedly
right in his deduction.
Public-domain text, read in full here on John Shaqi.
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