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Courts and Criminals by Arthur Cheney Train
page 33 of 266 (12%)
must be tamed, and the birdlike old lady made to chirp more
loudly. But all this is the self-evident preparation which
must take place in every case, and while highly important is
of far less interest than the development of the
circumstantial evidence which is the next consideration of the
district attorney.

The discovery and proper proof of minute facts which tend to
demonstrate the guilt of an accused are the joy of the natural
prosecutor, and he may in his enthusiasm spend many thousands
of dollars on what seems, and often is, an immaterial matter.
Youthful officials intrusted with the preparation of important
cases often become unduly excited and forget that the
taxpayers are paying the bills. The writer remembers sitting
beside one of these enthusiasts during a celebrated trial. A
certain woman witness had incidentally testified to a remote
meeting with the deceased at which a certain other woman was
alleged to have been present. The matter did not seem of much
interest or importance, but the youth in question seized a
yellow pad and excitedly wrote in blue pencil, "Find Birdie"
(the other lady) "at any cost!" This he handed to a
detective, who hastened importantly away. It is to be hoped
that "Birdie" was found speedily and in an inexpensive manner.

When the case against Albert T. Patrick, later convicted of
the murder of the aged William M. Rice, was in course of
preparation, it was found desirable to show that Patrick had
called up his accomplice on the telephone upon the night of
the murder. Accordingly, the telephone company was compelled
to examine several hundred thousand telephone slips to
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