The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-08
APPEALS TO JURIES.


'"The old time oratorical appeal of the
advocate to the jury is almost thing Of
the past" said an attorney to number
of colleagues who were gathered
around him the other day. "The lawyer
of to-day contents himself with simple
resume of the evidence in the case and ut
terly ignores his opportunity to play upon
the emotions of the jury he continued,
land want to say that the lawyer who
does neglect to appeal to the emotional
side of the jury, had better begin taking
lessons in human nature"
The attorney then spoke of number OF
instances in which the oratorical ability
of the attorney alone had won a verdict
in the very presence of defeat.
He related one instance that occurred
when he was practicing law in Ohio, and
said that ever since that occasion he had
had an overweening faith in the gullibility
of jury. He said that a case came up for
hearing in the Common Pleas Court Of
Clermont county in which a very charming
young girl, who had been compelled to
labor for her living, had, in the absence
of the minstress of the household In which
she was employed, been kissed by the mas
ter of the house much against her will and
so great was her anger at the indignity Of
fered her. that she had the man arrested
on the charge of assault. The case came
up for hearing and on account Of the stand
ing of the parties attracted such large
crowd of spectators that the courtroom on
the day of the trials was packed to suf-
location. The jury, special venire, had
been drawn from the immediate bailiwick,
and among it's members was an old man
whose decrepit appearance betokened
fast approaching senility. The case pro-
ceeded according to the rules, the plaintiff
first introducing her testimony, to be fol-
lowed by the testimony of the defendant
The evidence of the plaint1n seemed
strong and convincing, and the evidence
of the defense was eagerly awaited by all
present who were anxious to know what
they had to offer in extenuation.
To the surprise Of every one when the
plaintiff rested her case the attorney for
the defendant announced that he had no
testimony to offer. The attorney for the
plaintiff then proceeded to make his arg
ument to the jury and sat down with what
for his client. The attorney for the defen-
dant then arose and completely ignoring
the evidence in the case, he began to de-
scribe in glowing terms the exquisite
beauty Of the plaintiff. AS he proceeded he
waxed more eloquent, describing the eyes
of the girl which he declared were "as blue
as the sea" and her hair was as golden as
the sun in its noon-tide glory. Her lips
were like coral and her teeth were glisten-
ing pearls. He compared her form to a
sylph and her carriage to queen. Finally
in the very climax of his grandest apostro-
phe, he appealed to the jury and asked
them what they would have done had they
been situated as the defendant, and turn
ing to the old man who sat with dropping
jaw and glazing eyes he said in stentorian
tones: ''Old man, what would you have
done?
.And," said the attorney, "the old man
rose in his seat and in trembling tones ex-
claimed, I'D kissed her.
The lawyer Immediately tok his seat and
when the verdict was returned it was in
accord with the old mans declaration.