Believing that the case against Manning was the stronger of the two, and that Manning's testimony was needed to convict Barker (in his own case, Manning exercised his right under the Fifth Amendment to not incriminate himself), the prosecution chose to try Manning first, hoping that once convicted, Manning would later voluntarily testify against Barker. At the outset of Manning's trial on October 23, 1958, the prosecution sought and obtained the first of what would be 16 continuances in Barker's trial.