Courts -- United States; Trial practice -- United States
That the judge should delay a whole court-room full of people by being
late in opening court should not only be a matter of apology, but is
reprehensible to the extent of being multiplied by the number of
people he has kept waiting. On the other hand, the usual course of
proceeding being apparently with the object of dragging out the
business of the court, makes the tardiness of the judge seem only an
incident.
Fortunately there are few attorneys who make appearances in court
merely for the sake of adding another item on their bill to the
client, and the real delay in reaching a case is due more to the
confusion of administrative methods; until some more practical system
is devised it will continue. Then witnesses and clients will not be
loath to go to court.
The weary work is finished, all the tiresome facts have been gathered,
and the rehearsals have been had. The play is written, the parts are
cast. The disappointments and delays have been forgotten, the months
of preparation have passed. At last the bell for the performance rings
and the case is finally to be tried.
VIII
PICKING THE JURY
The clerk calls the case again for trial, not this time to inquire
whether both sides are ready but to announce that it is about to
begin. The lawyers, their assistants on both sides and their clients
move forward to within the rail. There is a certain amount of
commotion as they arrange their papers, their portfolios, law books,
hats, and coats, and take their places at the counsellors' table
opposite the jury-box. In the dignified courts in this country this
rather uncomfortable disposition of overcoats and hats is arranged in
an adjacent room. The opposing parties in the battle to be enacted are
now facing each other. Matters become at once more serious and
formal. What was once avoidable is now inevitable.
The stage has still in a measure to be set. Twelve important actors
are to be selected. The jury have not yet been chosen. The jury for
the sake of comparison take the part of a Greek Chorus, a silent one
it is true, until the final word is to be said. They nevertheless are
as important and essential a part of the drama as the Chorus, without
which in the background no tragedy or comedy was complete.
No curtain divides the theater and the arrangement of the stage goes
on before the eyes of the spectators. The choice of the jury
constitutes an interesting part of the performance. In this
preliminary play the lawyers having important parts, their manner,
bearing, tones of voice, their courtesy or discourtesy, repose or
nervousness, are watched and unconsciously noted by the jurors. As the
jury-box gradually fills, even the slightest idiosyncracy may have
some effect on the outcome of the case.
Public-domain text, read in full here on John Shaqi.
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