New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-02-27
WANTED TO GO TO THE POINT.

CO.. .bsn was in the same room
retaining To enc of my juries while they
5iso,,Seed a case had Just finished Wnefe
, ,-or,,an had fallen on a sidewalk ana he't
I'D the citv for personal injuries resulting
from, her fall. I heard the foreman stSFO
The discussion by saying NOW seh'e
man. before we consider the evidence u-I7
are some important questions OF law Tor u
10 decide Whereupon loud voice ceI-'i
out: oh. TO hell with the law. ROW n'uch
will We give the girl?
Juror who was interrogated regarding
q verdict in the New York Supreme court
not long ago said;
we didn't believe the witnesses on
either side, so We made up our minds 70
disregard all the evidence and decide the
case on it's merits
Getting acquainted with jurors IL worm
much TO the lawyer. I'm the District NJ
tornev's Office we always used 10 save our
most important cases for the second WeeA
of the term. have found that after had
been continuously in court, in successive
cases. and before the same panel OF jurors
IL gradually became almost hopeless task
for my opponent 70 try to beat me This Is
espeefaIIv the case in the criminal courts.
where the personal equation OF the prose
cutting attorney plays such an important
Fart with the jury
AN advocate should keep in mind that
ne has only six challenges. and should not
use them all before his opponent has ex-
hausted his. | usually challenge two or
three jurors right away, and my opponent
therefore. never suspects me OF sparring
with him on the question of challenge. and
goes ahead and exhausts his six while I
have three 10 the good. and then I have
the selection of the jury in my own hands"
National peculiarities must be considere
in picking jury. Young men are much
safer than old men. unless the advocate y
for the defendant when he wants Older
men If for the plaintiff, an advocate
should remember that he must win the
twelve: ff for the defendant. he needs only
one. If he is defending in criminal case
ne needs all kinds Of men on his jury. Old
and young. rich and poor. intelligent AMI
stupid. German. an Irishman. a Jew. a
Southerner and a Yankee. He should mix
them up all he can and let them fight ir
out among themselves and agree Il they
can
Ordinary hattery of a jury il vain How
often we hear the inexperienced lawyer ex-
claim: What is the use OF that kind or
evidence before honest men like these in
does not like to be called in court
room On the other hand. there is an in
genious way Of hattering jury which
wins them without their knowing it,.
How the keenest lawyer may misjudge a
jury shown in a case where William
NJ. Evarts had been retained by the gov
eminent 10 prosecute some ribbon import
ers- He was confident OF a conviction
After long trial. the jury having been
out ali right. Evarts learned from court
officer that the jury was going 20 announce
a diSa greement and stood eleven TO one.
Addressing the court, before the jury
had made its report. Fsvarts said that ne
was Informed the jury stood eleven 10 one:
ii was evident the jury had been tanlperea
with and he suggested that IL was ths
duty of the court. before .dismissins ths
jury. to ascertain the name OF the den-
quent juror. whe~eupon the foreman OF
the jury said "if your honor please. l
was the delinquent jlryman held ori al
night fcr verdict of conviction but IN
other eleven men wanted To- acQ@it.
Ms. W,!sh y tells how he iaid N ,Iab-
orctt trap tor witness in cross-exsmin1-
ton TIE witness vas SlSo tGe piaiuud'
and was suing 10 recover s@59 200. fne
o'oss-examinsIon s9,nt tvo hours jhlsN-
ING the witness his y,R,d SNd E.,-'4f-
&slns bin 10 "n,,nd out big -hual,S 'f ~
JIi'd testimony lie lad atGG, ,.azei
'ett IS written ny the man which abacip ~
conirsdicted his testimony ccut. N'
the.r was danger that tAo witness would
r,Iu'ittS them as lcSy r!cs prI "Gi'
he difhcul, yo establish thti~ sen il ntsS.
keeTinS is oy IN ,he c.cck. NJ y IL
ntsn aucsei the witness alcas Ssh rim
portant matters. and just ut o'cioc'. me
hour OF Adjournment tor the Jay, handed
him tie bund.N uf letters AMI casually S'.'-d
him Ia identify th.m as III dis hardwrt i9;s
TIC witness ytIrttd 10 as IL. { ,s'S-
The cross. S&n,inFr ci!. e;.d j.gi s.,I u
r minds ti'Vf ~ WAS sin - "G.uurN- %nI
asked aim kindly not TO u lay th- adjourn
.''eti ~ ,e,d-rs th"-l ,eys. SI,Cc . Ms -
Ine:c question &C jdeHtitic lion q. hrnlvri-
ms. The wlt2cSs speedily iden,iiei al IN
letters ana &C., adjourned. ny, d7y "
w Efnau Ce-' ne ~ ~ pN5v -
;or,s- 81 T., i:ae',o aacy b.tvecr lttte~'
AMI ~eSinor>- fFc So, q Is Ivy
'W'tad'v~ fyNt ~ ca. md T,,s court d.
rested i Verdict against ann