ons, yet they, nevertheless, have a legal
right to do so and they must take advantage of every legal right for
the protection of their clients.

After all the witnesses have been called, the plaintiff and the
defendant have proved their sides, the plaintiff has contradicted the
new evidence of the defendant, everybody has been examined, the
interruptions of the objections and motions, exceptions have been had,
the judge asks if both sides are through and the presentation of the
case is ended.

The course of justice has been on a rough and rather narrow road. The
popular revolt at the method of arriving at the truth is, in fact, at
the narrowness of the way. The presentation of a case and the means of
reaching the truth ought to be on a well-defined and orderly system.
It would seem natural that the crooked and ill-paved streets of an old
town should give place to the open, smooth, and broad avenues of the
modern spirit.

XIII

ELOCUTION

At last when both sides rest and the judge has passed on the latest
motions, the intense action of the drama begins. For this the clients
have been waiting, the lawyers have been training. It is the
opportunity for them to display their attainments, to show their
clients what brilliant lawyers they have retained; to let the judge
know how well they have understood the case; to move and sway the jury
to their side; to unravel the mysteries and by the power of oratory to
bring justice where she belongs. When his lawyer is talking, the
client watches him with admiration, but while the opposing lawyer
speaks the client can hardly conceal his contempt. He feels that his
case is secure and he does not understand how there can be anything to
be said on the other side. Yet he is fearful there may be some court
trick which he does not understand and the case may be lost.

"Your Honor and gentlemen of the jury," begins the defendant's lawyer.
Including the judge in his address, although it is a matter of
courtesy for the eloquence of the summing up, is meant solely for the
jury. The judge is only supposed to listen and restrain the attorneys
if they go too far afield in their attempts to influence the jury by
their efforts. The judge is the time keeper or referee and holds the
lawyers to the point.

The object of the attack is the jury. As the burden of proving a case
is on the plaintiff, he is supposed to have the first and the last
word; therefore, the defendant begins to sum