wakened intelligence is in their eyes. Now at least
they are going to hear what they wanted to know about the case. The
judge will probably tell them something new and clear up the points
they did not understand. It may be even he will explain why he made
those strange rulings during the trial and what that mysterious
conference was when he called the lawyers to his desk and they talked
together for so long.

The judge begins: "Gentlemen of the jury, the plaintiff in this case
seeks to recover," and then he goes on to tell them what the plaintiff
wants, which is just what the plaintiff's lawyer has been telling
them. The judge must have been asleep while he was talking for he is
saying the same thing over again, only in a little different language.
After that the defendant's case is set forth. There again that is what
the defendant's lawyer was saying. It does not appear reasonable that
they are compelled to hear six times what the case is about. There
were the two openings of counsel at the beginning, the two summing up
at the end, and now the two explanations of the judge. There ought to
be an allowance made for the jury possessing a little intelligence.

The judge then tells again what the witnesses have said, in not quite
so many words, but covering the main points. There is no use in that.
The jurymen think they ought to remember fairly well what was said.
The judge admits it after he is through by saying himself: "Gentlemen,
you are to be governed by your own recollection of the testimony
rather than by what is said by either side in summing up or by the
Court." If he means that he should have kept still and let them have
their own recollection.

Then he goes on: "If you believe any witness has wilfully testified
falsely as to a material fact, you may disregard that witness's whole
testimony." Of course, is that not the reason for their being there?
Why, the judge in the beginning made them swear to decide the case
"according to the evidence." The jury is going to do exactly that.
They are going to decide which side is lying and which side is telling
the truth. They are not quite so stupid as not to know that. There
seems no need in insulting them by telling them that they need not
believe a witness unless they want to. Why are they there?

The judge tells them that the function of the jury is to decide the
facts and for him to decide the law. That is fortunate, for they could
not understand the law, even if t