The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-04
PERSONAL ABUSE IN COURT.

jury lawyers. as a rule. are in the
habit cf making side-plays in the trial
of cases as if they were performing on
a stage with special designs upon the
gallery.
Some of the brightest members of the
bar resort 10 these methods. under the
impression, perhaps, that it strength
ems their case. They attack opposing
counsel, as if the personality of attor-
neys We're at issue. browbeat witnesses.
and make mysterious remarks about
extraneous affairs which are intended
to arouse a prejudice or conceal some
fact
There is a difference of opinion. and
probably there always will be. as to
the best method Of influencing a jury,
even along legitimate and creditable
lines. Some hold that the imDassioned
style Of oratory is best. others that the
easy conversational manner is most eff
fective. But whether it is one or the
other, whether slow or rapid in deliv-
cry, loud or low of tone, eloquent or
matter-of-fact, the personally abusive
method Of answering an opponent is
falling into disreDute in the trial of
cases. as It is in journalism.
The courts are beginning to take a
hand in the suppression of this high
toned rowdyism. Success which follows
the employment of such means in the
handling Of a case before an impress
sionable jury has been turned to fail
ure in higher courts. where the facts
were made known.
The supreme court of Wisconsin has
just rendered an opinion. a portion of
which is reproduced. as it contains a
valuable hint to jury lawyers as to the
trend of the times and the drift Of jul
dicial thought. The following excerpt
from the opinion is given:
During the trial. and in the course !
of the argument of the case to the jury. !
numerous exceptions were taken to the !
remarks of plaintiffs counsel in the
presence of the jury deemed TO be pref |
judicial TO the defendants interests. In |
some instances the court ruled the re-
marks improper, and directed the jury |
to disregard them, and in others simply |!
passed them without ruling. The gen. !
eral tendency of the Objectionable re- !
marks was to infame the minds of the !
jury, and to create sympathy for the |
plaintiff and prejudice and resentment !
towards the defendant Some allowance
must always be made for the zeal of
counsel. but when it is evident that
there Is a design to stir up resentment
in the minds of the jury, to arouse their
passions and sympathies. and to dis
credit and prejudice the plaintiffs case. {
a mere ruling that the jury should dis
regard the Objectionable remarks does
not cure the evil"
It is not necessary to recite the facts
presented at the trial. but the reference
made in the opinion of the supreme
court indicates the nature of the offense
of the attorneys upon which the re-
versal was based. The court said. fur
Their:
THE circumstances of this accident
were especially distressing and deplor-
able Mr Rudiger was so severely
burned that death ensued. Several of
the witnesses on the trial We're dread
fully burned and disfgured. The condl-
tions were such that insinuations of
bad faith, charges that defendants sit
nesses were 'ghouls' and vuItures.-
proving among the cots in the hos
pital,' that defendants claim agent was
tampering with plaintiffs witnesses.
and that other witnesses We're there.
violating confidential relations. were
well calculated to create unfavorable
Impressions, against which the defend
ant was powerless- The poison was
there, and the ruling Of the court {
would not be sufficient antidote" {
After citing an authority in support
of the new departure. the opinion con-
cludes thus:
'"The nature of the case. and the cir
surrounding the alleged !
accident, were such as to make the re-
marks of counsel referred to harmful +
ia the extreme, continued. as they were, 5
through the trial: and we should feel :
to reverse the judgment on I
that ground alone. if other errors had
not been deemed sufficient" +
This is a way of suppressing the use I
of abuse and unfairness in the trial of q
cases that will grow in favor and +
eventually accomplish its object. In the 8
meantime it is well for attorneys who !
resort to such methods to have d care 2
lest they jeopardize the interests of 8
their clients. Y
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