With the exception of the man who started the cry, every person in the
dense multitude was convulsed with laughter; and till the end of the
election no turbulent rascal ventured to repeat the allusion to the
sergeant's former occupation. At a moment of embarrassment, Mr.
Disraeli, in the course of one of his youthful candidatures, created a
diversion in his favor by telling a knot of unruly politicians that he
_stood on his head_. With less wit, and much less decency, but with
equal good fortune, Sergeant Wilkins took up his position on a baser
part of his frame.
The electors who respected Mr. Wilkins because he was a successful
barrister, whilst they reproached him with having been a stage-player,
were unaware how close an alliance exists between the art of the actor
and the art of the advocate. To lawyers of every grade and speciality
the histrionic faculty is a useful power; but to the advocate who wishes
to sway the minds of jurors it is a necessary endowment. Comprising
several distinct abilities, it not only enables the orator to rouse the
passions and to play on the prejudices of his hearers, but it preserves
him from the errors of judgment, tone, emphasis--in short, from manifold
blunders of indiscretion and tact by which verdicts are lost quite as
often as through defect of evidence and merit. Like the dramatic
performer, the court-speaker, especially at the common law bar, has to
assume various parts. Not only should he know the facts of his brief,
but he should thoroughly identify himself with the client for whom his
eloquence is displayed. On the theatrical stage mimetic business is cut
up into specialities, men in most cases filling the parts of men, whilst
actresses fill the parts of women; the young representing the
characteristics of youth, whilst actors with special endowments simulate
the qualities of old age; some confining themselves to light and trivial
characters, whilst others are never required to strut before the scenes
with hurried paces, or to speak in phrases that lack dignity and fine
sentiment. But the popular advocate must in turn fill every _role_. If
childish simplicity be his client's leading characteristic, his
intonations will express pliancy and foolish confidence; or if it is
desirable that the jury should appreciate his client's honesty of
purpose, he speaks with a voice of blunt, bluff, manly frankness.
Whatever quality the advocate may wish to represent as the client's
distinctive characteristic, it must be suggested to the jury by mimetic
artifice of the finest sort. Speaking of a famous counsel, an
enthusiastic juryman once said to this writer--"In my time I have heard
Sir Alexander in pretty nearly every part: I've heard him as an old man
and a young woman; I have heard him when he has been a ship run down at
sea, and when he has been an oil-factory in a state of conflagration;
once, when I was foreman of a jury, I saw him poison his intimate
Public-domain text, read in full here on John Shaqi.
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