Newport daily independent. (Newport, Ark.) 1901-1929, 1911-11-22

LH1t Tic Cudli Will uOt appear WuSdL.
The time usually occupied In this is
considerable, all of which Is saved If
the trial Judge throughout the trial
Will do his duty fairly and fearlessly.
The day OF the sob speech is passed.
The simple, homely illustration is
gnite as effective as it ever was, but
tears or the spread-eagle method Of
cd has taken its departure
Counsel can very much aid the jury
in marshalling the facts like general
u an army, with view of showing
what is proven and what Is not proven
under the rules of law, pointing out
the legal effect and the logical force
of each fact separately and collective-
ly Counsel not only gain great adj
vantage in thus appealing to the jury's
reason and judgment. but provide the
Jurors with the necessary arguments
with which to make an effective appeal
TO their fellow Jurors In the jury room
w!lan celebrating.
BY this method there is little likeN-
,ood that the jury will be diverted
from the real points in controversy;
snd 1t is. therefore, moro likely that
the verdict will respond to the facts
proven.
1t Is rare indeed that any counsel
can assist and instruct the Jury to
for more than half an hour
TO an hour.
l remember an occasion when one
,f the old-fashioned Insolvency.
speeches was made to the jury In the
trial of a hotly contested case where
IN indulgent trial court granted coun-
|sel, as now recall, two hours side
IN petty larceny case. The defend.
Isnl's counsel made one of those rip
! caring, thunderbolt speeches in which
I4c roundly abused everyone connected
with the prosecution. Counsel for the
state absolutely answered that whole
argument of noise and abuse in the
Following simple words:
Gentlemen Of the jury, among our
intelligent American people the time
has not yet come when abuse is argu-
Iaent; ridicule, reason; or sound, either
substance or sense The counsel pro-
seeded then to address himself to the
facts.
The jury have more intelligence
than they are usually credited with.
That intelligence should be respected
10y counsel in their arguments. My
Experience in talks with Jurors abso-
Iutely confirms my judgment in this
! respect.
Ii the average trial Judge has one
fault more common than another, it is
I'm the long technical charges that he
delivers to the jury They are often
|nere treatises on the law entirely
suitable and interesting to Harvard
tav school. but not to jury of farm
|ers. business men and laborers.
IS there are few substantial differ
|crccs as to fact, SO there are also but
|tew propositions of law actually in
volycd. Let these be put clearly and
scncreteIy to fit the case on trial The
Jury will better understand it, and,
Therefore, be the better able to apply
lit when they get in their juryroom.
The equities of the case will thereby
|bo given the paramount place they de-
Isorye, and the economies of the case
viii likewise not suffer; tor the aver
age charge of the trial Judge is about
three times IS long as there is any
laced.
The paramount Importance of the
trial judge in dispatching the business
| OF the court must clearly appear from
| these several articles. II there be ur-
necessary delay, he is responsible for
Ii. If there be unduly prolonged and
detailed REORGANIZATION upon i'm
| lateral matter the trial judge is re-
fsponsible. If there be numerous
lengthy arguments upon petty, trivial
Or technical objections, the trial judge
gponsible. II there be unneces-
time consumed by lengthy argu-
ments upon matters concerning which
there is no room for doubt, the trial
I'll sc is 1ronsible. If there be pro-
onged treatise upon the law, In scien-
.ia..c phrase or technical terms away
,hcye the jury's ability to understand.
;on Using them while the charge is
,.e,.s given and still more when they
--4 irto the jury room the trial Judge