The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1911-11-16

VT L>OllAMaIb AhGO MENA,
WHAT WOULD BE A FAIR
AND JUST COMPENSATION TO
THE PLAINTIFF FOR THE IN
JURIES HE HAD SUSTAINED.
SUCH n LINE OF ARGUMENT.
If PROPER OBJECTION BE
MADE TO TT AT THE PROPER
TIME AND THE TRIAL COURT
STEPS TO CORRECT IT'S I'LL
TENDENCIES, WILL CONSTI-
TCTE A SUFFICIENT GROUND
FOR REVERSING A JUDO
MENT RENDERED UPON A
VERDICT THUS OBTAINED.
For the errors in the admission
Of testimony, and with respect 10 in
structions A and c. the judgment
of the Circuit Court must be re-
versed." (Southern r. Co. VS.. Sim
mons. les Va. Rep. 667.)
Rulings i'm Other States.
glance at the law encycloped ias
show that the point raised by the
lawyers for the convicted wife MUIR
derer is not a new one. though the
decisions are more or less conflict
ing. Each case, OF course, has to de-
pend upon its own merits. as the ques-
materially. Scores OF decisions are
given in the notes. but IL would APP
pear that. after all, there is no way
OF laying down hard and fast rules
Nor does it seem that any of the
cases appealed are exactly parallel
with that OF Beattie.
The English and American Law
Encyclopedia. volume 3S, page 1895.
which has just come from the press
this year. treats the whole subject at
length. Here are some extracts from
il:
Appeals to Sympathy. Passion or
Prejudice "*a.-Appeals to Sympa-
thy-Appeals to sympathy so long as
they are based on the facts in the
case, are not ordinarily considered inn
proper and furnish no ground for
complaint. Some flights of elo-
quence. and the introduction Of some
touches OF pathos in the discussion of
the case, is allowable, provided there
IS no violation of the rule against the
discussion of facts not in evidence.
or which are not inferable from the
sworn testimony in the case. How
ever. appeals to- sympathy, based on
matters not in evidence and which
cannot In any legitimate way be
brought 10 the attention OF the jury,
may be ground for reversal.
b. Appeals to Passion or Prejudice
ID in General--In addressing the
jury it is improper for counsel, by
reference To extraneous matters to
appeal to the passions and prejudicesI
OF the jury, and when the language
used is such as evidences a studied
the jury, based upon facts not in theI
case. the court cannot overlook il orI
consider that a party against whom
such effort has been made, has had al
fair consideration of his case at the
hands of the jury.
Appeals TO Prejudice Against Corr
porations as Such-It is very generally
held improper for counsel in argu-
ment to make statements calculated
to prejudice the jury against a party
who is corporation, because it is
corporation. Whether such remarks
will authorize a reversal depends on
the particular language OF the re-
marks. the circumstances under which,
they were made, and the probability
that the jury were influenced thereby. /
Not all improper remarks will Justify
a reversal. If it does not appear
probable that the jury was improperly
Influenced, the judgment should not
be reversed. 1t is otherwise, how
ever, where IL appears probable that
the verdict was influenced by the inn
proper remarks.
Appeals TO National, Patriotic, Sec-E
ional, Local or Racial Prejudice
Appeals to national, patriotic, racial Il
or local prejudice in argu-
nent are very generally condemned
and may or may not constitute re-
Iersible error according to the cir |
of the case and the nature
IF the remarks made. 1t has accord
ngly been held that if il is apparent
'r probable that the verdict was af-
ected by the remarks, the Judgment 4
should be reversed on the other G
land, the judgment should not be re- +
'ersed where it is not probable thatlI
prejudice resulted. :
Another Authority. r
Volume II of the Encyclopedia of
Jaw and Procedure (1904 edition. =
'age SIS, under the caption "OnIt
fatters of General Knowledge says: n
while in combining arguments toll
he facts in issue. it is proper always
o prevent counsel from illustrating
is argument by facts and circum-
tances drawn from beyond the re- :
ord, IT is not always easy TO draw Z
he line. Matters of common and 4
eneral public information and of Z
ncwn and settled history may be 4
roperly referred to and commented r
pom by way OF argument and Illus p
ration, but matters outside the evil
ence OF a local nature, or matters
OF OF common and public notoriety, =,
nould not be commented upon" -
IT may be that B(8<kie's lawyers, =,
!: i: III :'s::::