Courts -- United States; Trial practice -- United States
Until a case is called for trial they sit about the court-room or walk
in the corridors. In the meanwhile, the judge is arranging the
calendar, and they have been watching the maneuvers of the lawyers to
have their cases put off, or they may have seen the amusing little
by-plays when one lawyer crosses the aisle of the court-room,
button-holes his opponent, and whispers something to him. The other
lawyer motions to his client and the party moves to the hall where
there is a secret conference about a proposition of settlement.
Something is agreed upon or they may not come to terms and decide to
go on with the trial. If there is to be a settlement the two lawyers
walk up to the rail and say:
"Will your Honor excuse us if we interrupt and mark the case of Allen
against Brewster settled." The judge smiles with pleasure; he does not
mind at all being interrupted for that purpose. He is pleased to have
one more case off the score.
When the time comes for the selection of a jury they wait for their
names to be called with the thought that the axe is about to fall. As
they are examined they answer the questions of their occupations and
opinions truthfully, but if for any reason they are excused, they
leave the box with a smile at those impaneled and a sigh of relief as
at danger escaped.
Like many honors, the position of foreman of a jury is an empty honor.
He has the first seat and he heads the procession when the jury walk
in and out of court; he also announces the verdict, but he has no
actual power either in the jury-room or in the court. If there is a
vote to be taken, he has no deciding voice, but in the deliberations
he quickly falls to the level which his attainments justify.
During the trial a feeling of resentment at court procedure grows. It
is not the judge any longer who is keeping and delaying them. The
witnesses appear like fools it is true, but the lawyers make them act
more foolishly than need be. Why does the judge make such absurd
rulings? The law must be an unreasonable thing and the judge evidently
knows a great deal about it. Why can't the witnesses tell what they
know? The most tiresome parts are when the lawyers begin arguing
about the testimony. One side wants the witness to tell something and
the other side does not. The judge keeps still and lets the lawyers go
on talking as though it were something important, perhaps he can not
help it. The lawyers or the judge can not have much to do. The judge
it is true is paid to listen, but the lawyers must be pretty hard up
when they will go on talking in that way. No juryman would stay here
wasting his time during business hours, and afterwards there are the
newspapers, supper, and taking the family to the movies, all of which
is far more sensible.
Public-domain text, read in full here on John Shaqi.
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