he was willing to pay, he feels
terribly disappointed. There must have been something very much amiss
in the jury-room.

The judge while the summing up is going on, is not very attentive.
His part of the case is over. While the proof was being given he was
alert. True, the charge is coming afterwards, but he knows fairly well
what he is going to say, and it is going to be formal. It is the
function of the judge to control the address of counsel, but the
counsel are sometimes very hard to control.

In the criminal trials, reference is made to the emotions of the
defendant's family; the devoted, anxious wife, the poor little
children who may bear the stigma of their father's disgrace, should
the verdict go against him. Since the domestic life of neither party
to the trial has appeared in evidence, such things being entirely
"irrelevant and immaterial," it does not make a great deal of
difference whether the picture is accurate or wholly fanciful. The
defendant may be a drunkard, a burden to his wife, and a horror to his
children; he may have abandoned his family to their own resources; it
is possible that he has never had any family at all. The lawyer has no
right to refer in his summing up, or otherwise, to anything that has
not been properly submitted in evidence. He is guilty of unfair
practice in telling the jury about the defendant's family or
circumstances, unless this has been part of the case, which is
improbable. He knows this well; so does his opponent and the judge.
And should the opposing lawyer protest, the judge will say, looking
up, "Be careful, counselor, be careful." The counselor bows
respectfully and probably goes on in the same vein. The judge has not
heard exactly what was said and feels that the lawyers, if they are
not too blatant and noisy, may say what they please. There must not be
too much talk about the wicked, money-grabbing, soulless corporation,
not too much appeal for the down-trodden poor, nor an over indulgence
in personalities. The lawyers must not call the other side liars and
thieves too openly. That is, they may say they are untruthful, but
liar is too strong. The denunciation must be a little restrained.

The judge throws out a rather mild admonition. "The counsellor must
keep to the evidence. You may not refer to matters which are not
before the court." The lawyer says, "Yes, your Honor." The judge
withdraws again into a contemplation of the high cost of living and
his diminishi