Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1898-02-24
FOR ORDER IN THE COURT.
A Protest Against Dramatic DemonstI
tions In Trials by Jury.

A Protest Against Dramatic Demonstra- +
lions In Trials by Jury.
There is practice the universal
prevalence of which in our existing
trials by jury makes justice misno-
mer. It is practice whose evils, so
far as can discover, have never been
commented upon, or even appreciated,
by the press, public or individuals. I
refer to the whole method by which,
right Or wrong, innocence or guilt is
sought to be proved by the counsel on
either side.
Assume, for instance, criminal case
for the same method is applied,
though usually to lesser degree, to
civil contests. Beginning with the
opening arraignment by the prosecu-
ton, thence through the examination
and cross examination of the witnesses,
the display of exhibits, on to the very
end of the final harangues of the oppos-
ing counsel, the dramatic is never lost
sight of.
The emotions, not the intelligence, OF
the jurors are appealed to throughout.
In typical murder case which re-
Gently gratified the morbidly sensational
element of the entire country the dis
trict attorney arose impresslyely,
glanced about him ominously and then,
with TREMENDOUSLY tragic voice, proceed
ed to arraign the accused, charging him
outright with the crime, practically as
Stunning without doubt that he was
guilty and endeavoring by the use Of
eyery vile of the orators art to sway
the Jury to his mode Of thinking. Ano
this before the minutest bit OF evidence
} had been taken.
: Is eloouence proper adjunct to oul
l jurisprudence?
/ Hereto though / may be, I hold EN-
: phatically and with qualification that
d is not. 1t has no place in hall OF jus
tice where, we are led to believe, tn
truth and only the truth is to be brough
out. Eloquence, as manifested by ora
s tory, is inimical to truth, which ca
Q only be discovered and established b.
J. calm, unprecedented and dispassionat
q investigation.
n Eloquence appeals to the emotions
8 and its victories are obtained by trlch
If ery-the trickery of masterful verblag
playing upon sensitive but unreasonln
ears.
To The claim that cannot be justified b.
re- fore the reason cannot be valid. Elt
n ouence is the weapon of falsity. Irut
a and right do not require its use. III
90 sphere of eloquence is tho stage. In II
N pulpit, before the bar OF justice and
I'd the hall of legislation it is source
as unlimited evil.
~ hold that for the accomplishing
S. of Justice all the theatric displays a
ne eloquence, all excitants to the emotion
IN should be banished from our courts
o. law by sentiment if not by regulatlo
es They have no place there.
"a Judicial procedure should be alol
IS, the lines similar to the investigation
at scientific propositions and discoverif
of The establishment Of right or wron
he guilt or innocence, is something to
IL effected by cold. prosaic, rigid lnqul1
step by step, as analogous as may be
lite mathematical demonstration.
ne We shall have to wait long for
Ire time when this is recognized, but it W
pc be in the indefinite future, and VIII
ZEN that time does come we may be Mt
Gle confident that our courts Of justice
Id such in something more than name
re, | Criterion.