swings his arms, pounds with his fist, raises
his voice, and thunders his denunciation. His speech takes on a
threatening tone. He shouts and bawls; the jury must be waked up. They
sit stolid and unmoved. He tries to catch their eye, there is no gleam
of interest. Perhaps he has rather a hopeless feeling that the art of
oratory is not what it is reputed to be. The jury look particularly
unresponsive. Even that one little juror, with the clever, smart face,
who is leaning forward with such an expression of enjoyment may not be
altogether trustworthy. The lawyer has seen that kind before and the
one juror who seemed the most interested in the last case he argued
was the very one who held out against him in the jury-room as he found
afterwards. It seems a difficult matter to stir the jury and the men
in the box are not at all a warm or enthusiastic audience.
The jury are not particularly keen about the oratory of the lawyer,
they look upon him as paid to do his part. It is the portion of the
trial they can understand; they have not clearly comprehended what
went before. When the objections were being made and there were the
cross-examination and badgering of witnesses, they could not separate
in their minds the functions of the lawyer and the personality of the
lawyer. It seemed as though he were doing a good many unfair things
and not acting quite up to the mark, but now the atmosphere has
cleared. They can realize that he is only the paid talker for his
client, that he is only making all this noise because that is his
business. To the jury he is the pleader employed as an actor. The
position is simple; if any one would pay them for acting and
gesticulating at so much per day or per hour, they would be very glad
to earn the money.
The client watches the lawyer with affectionate admiration. True, he
did not do exactly as he was wanted during the trial. He should have
asked those questions he suggested, but now he is doing grandly. When
the lawyer is through the client feels splendidly. He sees but one
side of the case and believes in it absolutely. With such a good
talker the jury cannot fail of being convinced.
When the lawyer sits down the client shakes him by the hand and tells
him how well he has done. He might have been willing to settle the
case for a thousand dollars before, but now he wouldn't pay a cent,
not one cent. Later, should the jury find against him, even to the
amount of the thousand dollars which
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