73 
Every precaution should be taken to minimize the effect 
of possible appeals to such sympathies. 
AMENDMENT OF COMPLAINT. 
Should it be found, after all preparation has been made, 
that, for any reason, such as the failure to obtain a witness, 
the sustaining of some count will be impossible or im¬ 
probable, or, if at any time the complaint is found to be 
defective, application can be made for its amendment or 
for the issue of a new one. The latter usually involves 
fewer difficulties. 
PRELIMINARY HEARINGS. 
In Federal cases action is better commenced on misde¬ 
meanors by an information filed in the Federal court by 
the United States attorney rather than by an indictment: 
in the case of felonies action must always be commenced 
by indictment of a grand jury. The binding over to a 
grand jury of a prisoner previously arrested necessitates 
a preliminary hearing to determine whether he shall be 
so bound or be dismissed, unless the prisoner waives the 
hearing. If he has an attorney or knows his own best inter¬ 
ests, he will not waive it. 
Preliminary hearings are undesirable, from the stand¬ 
point of the prosecution, for three reasons: (1) The prose¬ 
cution must state its case, with witnesses, and thus show 
its hand, while the defense need not show anything; (2) 
the prosecution is thus under the expense of producing its 
witnesses one more time than would otherwise be neces¬ 
sary; and (3) the commissioner or magistrate, if unfavor¬ 
able to the case, or perfunctory, can dismiss the accused 
instead of binding him over for trial. Such dismissal does 
not prohibit his being brought to trial through other means, 
but it is a hindrance which should not be invited. Unless 
immediate arrest of the criminal is necessary, as discussed 
under “Warrants,” the facts in Federal cases should first 
be submitted to the district law officer, who will, if the 
evidence warrants, initiate proper action through the 
United States district attorney, and thus avoid the pre- 
