ause of the simple fact that he is a Jew, his
lawyer is a Jew, and every one of you men are Jews." With an
expression of faith in the sense of justice inherent in the Jewish
race and of confidence in the verdict, the attorney for the defendant
sat down. The jury decided in his favor.

Such boldness, when successful, is often rewarded, but it is of
course inherently dangerous.

Skilful counsel will succeed in ingratiating themselves from the very
beginning, but they will endeavor to do so only with the jury as a
whole. Nothing is more unfortunate than to bestow attention upon a
particular juryman: that is to flirt with a juror. If he has not yet
been sworn in with the rest and the opponent sees it, he will
certainly get rid of him. If he remained, he would very probably be
regarded with suspicion by his chosen associates. Should the counsel
think that one man in the box is favorably disposed toward him, he
wisely leaves him alone and hoping that the other side will not notice
it, devotes himself the more earnestly to the others.

The jury is at last selected. The challenges have been exhausted. Both
lawyers look as though they were pleased. The judge is informed that
the jury is satisfactory, which is, of course, an euphemistic term. No
jury is ever entirely satisfactory to both sides, but it is a polite
way of saying it is the best they can get under the circumstances. The
judge stops trying to balance his check book and looks up at the jury.
The attendant motions them to their feet. They hold up their hands.
The judge also rises.

"Gentlemen," he says, "Do you each and all of you solemnly swear to
well and truly try the case of John Smith against Thomas Gregory and a
just verdict render according to the evidence? So help you God." They
do not answer, but they sit down.

IX

OPENING THE CASE

The jury is chosen, sworn, and sitting in the jury-box. The judge
begins unfolding the papers of the case so that he may read the
pleadings. The actual trial of issues is about to begin. The court
attendant has taken the jurymen's hats and coats, another attendant
has shown spectators to their seats and politely as possible
suppressed the young law clerk who does not see why he could not go up
to the judge and ask him what became of the case of Jones against
Allen that was on the calendar last Thursday and should have been on
to-day, or ask if "His Honor decided that motion in the case of Meyer
against Cohen." The