The Atlantic Monthly, Volume 06, No. 33, July, 1860: A Magazine Of Literature, Art, And PoliticsVarious
Science
The Atlantic Monthly, Volume 06, No. 33, July, 1860: A Magazine Of Literature, Art, And Politics
Various
American periodicals
In jury-trials it would be foolish to judge style by severe or
classic standards. If an advocate have skill and insight and adequate
powers of expression, his style must yield and vary with the
circumstances of different cases and the minds of different juries
and jurors. When a friend of Erskine asked him, at the close of a
jury-argument, why he so unusually and iteratively, and with such
singular illustration, prolonged one part of his case, he said,--"It
took me two hours to make that fat man with the buff waistcoat join
the eleven!"
All men of great powers of practical influence over the minds of men
know how stupid and dull of apprehension the mass of mankind are; and
no one knows better than a great jury-lawyer in how many different
ways it is often necessary to present arguments, and how they must be
pressed, urged, and _hammered_ into most men's minds. He is
endeavoring to persuade and convince twelve men upon a question in
which they have no direct pecuniary or personal interest, and he must
more or less know and adapt his reasoning and his style to each
juror's mind. He should know no audience but the judge and these
twelve men. Retainers never seek and should not find counsel who
address jurors with classical or formal correctness. Napoleon, at St.
Helena, after reading one of his bulletins, which had produced the
great and exact effect for which he had intended it, exclaimed,--"And
yet they said I couldn't write!"
The true Yankee is suspicious of eloquence, and "stops a metaphor
like a suspected person in an enemy's country." A stranger, who
looked in for a few minutes upon one of Mr. Choate's jury-arguments,
and saw a lawyer with a lithe and elastic figure of about five feet
and eleven inches, with a face not merely of a scholarly paleness,
but wrinkled all over, and, as it were, scathed with thought and with
past nervous and intellectual struggles, yet still beautiful, with
black hair curling as if from heat and dewy from heightened action
and intensity of thought and feeling, and heard a clear, sympathetic,
and varying voice uttering rapidly and unhesitatingly, sometimes with
sweet caesural and almost monotonous cadences, and again with
startling and electric shocks, language now exquisitely delicate and
poetic, now vehement in its direct force, and again decorated and
wild with Eastern extravagance and fervor of fancy, would have
thought him the last man to have been born on New England soil, or to
convince the judgments of twelve Yankee jurors. But those twelve men,
if he had opened the case himself, had been quietly, simply, and
sympathetically led into a knowledge of its facts in connection with
its actors and their motives; they had seen how calmly and with what
tact he had examined his witnesses, how ready, graceful, and unheated
had been his arguments to the court, and how complete throughout had
been his self-possession and self-control; they had, moreover,
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