The National tribune. [volume] (Washington, D.C.) 1877-1917, 1897-04-22
TRIBUN ETS.
rr,ns rrroRE !, JURY.

TEARS BEFORE JURY.
That unpleasant person. n crying lawyer, has
received fresh encouragement IN decision oil
the Supreme Court of Tennessee. that weeping
before a jury is q perfectly legitimate methoa
of influencing their decision. This was IN
case which came up from lower court, on an
appeal that the jury had been unduly influenced
by the copious tears of tho leading counsel
Judge Wilkes, in delivering the decision, said:
1t is next assigned as error that counsel for
plaintiff, in his closing argument, in the midst
OF very eloquent and iinpassioued appeal TO
the jury, shed tears, and unduly excited the
sympathies OF the jury in favor OF the plaintiff.
and greatly prejudced them against de-
fendant. Bearing upon this assignment of error
we have been cited to no authority, and after
diiigeDt search We have been able TO find none
ourselves. The conduct of counsel in present
ing their cases to jurics is a matter which must
be left largely to the ethics of the profession
and the discretion of the trial Judge. Perhaps
no two counsel observe the same rules IN pre-
senting their cases TO the jury. Some deal
wholly in logic-argument without embellish-
ments of any kind. Others use rhetoric. and
occasional flights of fancy and Imagination.
Others employ only noise aud gesticulation,
relying upon their earnestness and vebemenee
instead of logic and rhetoric Others appeal to
the sympathies-it may be the passions aud
peculiarities-Of the Jurors. Others combine
all these with variations and Accomplishments
of different kinds. No cast-iron rule can or
should be laid down. Tears have always been
considered legitimate arguments before jury.
and while the question has never arisen OUT Oh
any such behavior in this court, we know OF no
rule or jurisdiction in the court to cheek them.
1t would appear TO be one of the natural rights
OF counsel which no court or constitution could
take away. 1t is certainly, if no more, mat
ter OF the highest personal privilege. indeed
If counsel has them at command it may De
seriously questioned whether il is not his pro-
fessional duty to shed them whenever proper
occasion arises aud the trial Judge would not
feel constrained to interfere unless they were
INDUCED in to such excess as to impede or delay
the business Of the court. This must be ieft
largely to the discretion of the trial Judge, who
has all the counsel and parties before him ana
can see their demeanor as well as the demeanor
OF the jury. In this case the trial Judge was
not asked to check the tears, and 1t was, we
think, eminently proper occasion for thelr
use, and we cannot reverse for this
The industrious but wicked man finds many
ways of making dishonest living. George w.
Gibson was arrested in New York last week on
Wv S'''t 80 u oCtp ooSHo July HVF'No1'
said that he has been making $4,000 year by
| serving jury notices on busy men in the city,
| and getting from So to $50 apiece from them to
get them excused. Some men have been
plucked twice.
Great stories come from Long Island as to
the snakes which the first warm days have
brought out. The suggestion is in order that
Long Islanders cultivate soft drinks. These
have been known to Danish snake visions.
New York Sun: freddie is jealous of his pre-
negatives. amt he?
What makes you think SO?
He got angry the other night. and told me
not to be fool.
Tid-Bits: Do you think that Skinner cau
| make a living ont there?
Make living? Why, he'd make living on
| a rock in the middle of the ocean-if there wa:
another man on the rock.
Philadelphia North american: Mrs. Spat-
Your husband is an inventor, / believe?
Mrs. Spotter-Yes; some of his excuses fol
coming home late at night are in use all over
| the country.
| Indianapolis Journal sol didn't moind the
| threats av him." Mr.. Hogan explained "as
much as the insultin' sthyle av his remarks"
land fwhat did he say?" asked Mr.. Grosan
| Z" He SEE to me- Hogan SEE he, "tis great
| notion Oh hev to jump on yez and knock your
| face into shape"
| Minister Balfour wore his golf stockings to
Cabinet meeting in London last week. Th
! will be received with bated breath by ou
swagger young men. We may now expec
| them to invade even church socials and higi
| teas with long stockings and short breeches.
| #*u
| The Philadelphia Common Council has de
cided that not more than 500 shall be paid TO
| engrossing resolutions of regret upon TIT
retirement of members. Heretofore SO ha
been the figure. Either Philadelphia penman
| ship has deteriorated, or the going-out of
Councilman is less regretable than formerly.
A Kansas preacher has put in bill of So TO
praying for the Legislature of the State. VIII.
did lie stop at So worth? Any sort of an oil
Legislature needs much more than that.
"This paper says that all the Greek soldier
wear the kilt" remarked Bridget.
"Yis, and hope that all the Turkish soldier
will be kilt" answered Patrick, cheerfully.
Certainty l want our naval officers to low
every iuch of our American soil. But that
no reason why they should be perpetually try
ing to climb on to it with their big war vessel:
This will not be a groundless complaint unit
we have less grounding of our batteships.