Courts -- United States; Trial practice -- United States
The lawyer who is talking complains, "If my friend is going to keep on
with his objections I shall never get through in my fifteen minutes."
The stenographer has not been able to find the exact spot. It is
apparently not in the testimony. Then the lawyer objecting says, "I
ask your Honor to instruct the jury to disregard the statement of
counsel." The lawyer must have a sarcastic vein of humor. Such an
instruction does not seem necessary. The judge says, "I will cover
that in my charge, but I must ask the counsel to be careful," and he
looks warningly at the clock.
Finally the hands point to the agreed time. The judge says, "Your time
is up, counselor." "Just one minute more," says the lawyer and then he
goes on for three. The judge raps on his desk. The lawyer winds up his
speech in a hurried peroration. "Therefore, gentlemen, with the utmost
confidence in your ability as men of experience and affairs, with the
sure belief in the justness of my defense, I leave the matter in your
hands."
The plaintiff's lawyer now takes the floor, the jury shift their feet
and glance at the clock. "Gentlemen of the jury," he begins. He
probably leaves out the judge. The plaintiff now having the attack is
more direct. It is rather significant of the change in all procedure
that the language of all court addresses is becoming more and more
simple. The old days when the lawyers delivered homilies of Latin have
disappeared. No longer does the lawyer refer to _nunc pro tunc_, or
make facetious jokes in a language the layman and probably the court
does not understand. If a lawyer makes too many Latin quotations, the
court thinks him affected. He must be simple, direct, and to the point
at issue.
His art in presenting his case consists in drawing the picture of the
facts so vividly that they will remain in the jurors' minds. Employing
his imagination in forming the concept, he gets it across the rail to
the jury by the fine gift of selecting words and incidents. No one, it
is said, is ever convinced by argument, but any one can realize a
visualized picture of words.
The counsel starts to storm and abuse his opponents and his opponents'
client, and in his wrath also forgetting that persuasion is not
accomplished by denunciation. The majority of the jury are rather
easy-going, kindly men, who do not care to hear others made too vile.
Just as satire is more effective than direct abuse the tolerant
juryman prefers to have the other party laughed at than called names.
Public-domain text, read in full here on John Shaqi.
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