point, it ought to be settled." As a matter of fact he only
wants it settled in his own favor. It is not the abstract interest but
the concrete fact in which he is interested.
The lawyer is vigilant from the beginning of the trial to the end.
After the case is marked ready he watches the jury, the other side,
and the judge; any movement may be of importance; if it escapes his
notice he may lose his whole case. It is not safe for him to go on the
assumption that the other side is as honest as he is. If they should
attempt to put in some evidence that is not proper, to offer a paper
that is not duly authenticated, to try by some trick or device to take
an unfair advantage, he must be ready to pounce upon the incident. If
he is quick he may turn it to the advantage of his own side.
The other lawyer among a bundle of letters offers one that is only a
copy or is not signed. The lawyer notices it but keeps still and when
at the proper time calls the attention of the judge and the jury to
the fact, the plain implication is that the other side must have a
very weak case if it needs bolstering up by such methods as this. The
argument is that he let the paper go in without objection because he
thought the matter trivial anyway, and he wanted the jury to see the
underhand method of the other side.
The indefinable quality of personal magnetism is of much vaunted
importance. It is like that horrid word, charm; no one knows what it
means and seems to have a supernatural quality. The trial lawyer does
not need either charm or magnetism. They are both nonsense. Like
actors or fighters if they are sufficiently trained in their parts or
know how to use their weapons, the lawyers' personal magnetism over
judge and jury will come of itself. The judge is a fairly hard-hearted
person. The jury may be governed by sentiment but they are an example
of the average man and neither are going to be caught by smile or
mannerisms. Sound qualities will prevail.
A fine-looking trial lawyer who thoroughly knew his business once had
a hard case. His appearance and manner impressed the jury. They
followed his every motion. The trial was long and tiresome. It was the
days of those little iron puzzles to get two rings or anchors apart;
occasionally he would take one out of his pocket and begin playing
with it. The jury would follow him with their eyes to see whether he
could do it. Whenever he thought the evidence for the other side was
getting too
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