TO 
If a jury trial will be necessary, the prosecution must 
also plan: 
3. The exact order in which his witnesses should be 
called in building up the main case, and the questions 
which he will ask each one. When this is worked out in 
the rough, the whole should be studied in the light of the 
law of evidence so that mistakes may be avoided. 
4. In connection with what can be learned of the prob¬ 
able defense of the accused, who his witnesses will be, 
and what they will testify to, the line of cross-examina¬ 
tion must be worked out for each of his witnesses, in 
order to make the testimony accomplish as little for the 
defense and as much for the prosecution as possible. 
5. Your own witnesses and their evidence in rebuttal, 
or for the purpose of impeaching witnesses for the defense, 
of of counteracting surprise defenses. 
Every care should be taken not to let the defense get 
knowledge of your plans. 
GETTING AND PREPARING WITNESSES FOR COURT. 
Subpos7ias, etc .—The attendance of witnesses for pre¬ 
liminary hearing or trial is secured by means of subpoenas, 
which can be issued by any magistrate having cognizance 
of the case. A witness may be arrested or bonded to 
insure his appearance in court; also, if the witness after 
having had the subpoena served upon him does not so 
appear, he is in contempt of court and subject to arrest 
and all other penalties attaching thereto. Subpoenas 
can be served only by handing them in person to the 
person for whom issued. They can, however, be served 
at any time of day or night. A subpoena issued by a 
justice of the peace, unlike a warrant, can also be served 
anywhere in the State, without the necessity of specific 
endorsement. 
Do not use witnesses from the Forest Service any more 
than is necessary, especially if either justice or jurors are 
likely to be affected by hostility to it or its v r ork. Select 
for witnesses persons of as high reputation as possible, 
since the defense will attack them if it can. 
