The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-13
LAWYER OF OTHER DAYS.
vitrioIfc Speeches and Inquisitorfal
Examinations Were the Rule.

Kansas CITY star.
THE old-time vitriolic lawyer, the pic
turesque character who stormed up and
down the circuits, roaring at courts iurfes
and especially at witnesses, seems i'm these
degenerate times to have given place to a
successor who is almost effeminate in COM
parison," said ex-senator William III. Sears
to-day. When I entered the practice thir-
ty-one years ago. the late Judge John w.
Henry, of Kansas City, was on the bench
OF the Twenty-seventh, as the judicial cir
cult was then numbered. Around him was
an array of Blackstonian disciples, brave as
lions. and apparently equally as fierce In
action. Out of court they were the most
jolly, companionable men that ever clinked
glasses across the board. Their examina-
to finish. They prided themselves nnon
being severe They were quick and
abrupt. They terrified the most self-pos-
s s.,s of witnesses. With finger poised
lawyer would put the questions like a monk
of the Inquisition.
81 cannot account for the theory unless
1t was to impress the spectators and re-
porters. AS a rule harsh conduct by a
lawyer wins sympathy from the jury ad-
versely to his cause. You will notice by
an examination Of verdicts that the case
winners before juries are men of urbanity
know an instance where case was won
by lawyers refusal to condemn a witness
who had evidently perjured himself.
that fellow as he deserved?' demanded HIS
associate counsel. You handled him as II
you were afraid OF him..
Didn't the examination convince YOU
he was lying" the mild lawyer asked
eyes, but why didn't you rub it in while
you had him at your mercy?'
" Because the jurymen are the ones to
fix the penalty. All had to do was to
establish his guilt
Human nature is such that II responds
instinctively TO the fellow who is I'm misery
and can't help himself. Lawyers have
learned that it don't pay to crowd a victory
| too colse, else the jury may come to the
rescue of the victim. It's the cool-headed
courteous examiner that ELECTS the informa.
| ton necessary to his case BY his polite
| ness and consideration he wins from the
witnesses on the other side damaging con.
fessions, whereas a man who approaches
them with sighted guns only drives them to
cover.
But the old-time lawyer. with his riot.
| Gus ways. was far more interesting per.
sonality than his oily successor. The peo-
pie would pack the courtroom to see him
| perform. and especially when the time
| came to argufy the case AS a rule, there
| were time restrictions on important
| cases, and he could talk as long as he
| liked. IL seems to me there were more
| real orators then. The style of practice
| tended TO develop eoquence. Men would
study more over their speeches and EN-
| ploy lofty thoughts on patriotism anc
| honor. Sometimes when ii was reported
| that certain lawyers were going TO speak
| men would travel a long distance to heaI
| them. men who had no interest whateyel
| in the result of the case and didn't know
what IL was about. The lawyers knew o.
these conditions and that is perhaps VIII,
| they played so energetically TO the galleries
| 1.-The spirit of commercialism has laiC
hands on many cherished idols. but I wish
| il had left the old-time volcanic, fire-spout
ing lawyer alone"