hich challenges should be
exercised. Some trial lawyers are chary in using them, being anxious
to appear frank, trusting and willing to accept the judgment of any
decent citizen. Others are meticulously insistent and exhaust all
their challenges. The first attitude is the one of saying:

"I have such a fine case, so honest and just, that it is impossible
that any fair-minded man should decade against me. Therefore, I shall
not insist on these minor points of interest or prejudice. You are all
open-minded. I will leave it to anyone." The second attitude was
explained by one lawyer who always put his hand to his chin, looked
deeply and inquiringly at the jury, and said in an important voice:

"I challenge jurors numbers 6, 8, 9, and 11, or, 4, 5, and 12." When
privately asked on what theory he proceeded in his earnest selection
which seemed to imply so wonderful an insight, confessed to no theory
at all except the plainly human one that he believed in using up all
his challenges simply because it made the other jurors, who remained
in the box, feel better and more selected. But the main purpose of
selection is to secure a fair and intelligent jury.

Not infrequently one side or the other really wishes to get rid of the
best men and willing to take the risk that this will not be apparent.
In a real estate case, counsel for the plaintiff not having a strong
case succeeded in eliminating every man who had ever owned or who had
ever had the slightest experience in houses or property. It was a bold
confession that no one who understood the case would decide for him.
In railway accident cases, the plaintiff, who asks damages against the
company, will often excuse so far as he can, every juror who appears
well-to-do or a man of property.

A prominent New York lawyer, when a young man, had defended a case
brought against a corporation. The plaintiff and his attorneys were
Jews, and the jury-box when first filled was seven-twelfths Hebraic.
Counsel for the plaintiff immediately excused the five Gentiles and
when the corporation's lawyer stood up, not a man in the jury-box was
of his own race. He accepted them. The trial went on, and it appeared
that the plaintiff's claim was very weak indeed. At last counsel for
the defendant had to sum up and he concluded in this way:

"Gentlemen of the Jury: The plaintiff hopes to win this case not on
the law, nor on his evidence, nor on any consideration of justice. He
hopes to succeed bec