The lawyer having scored a
hit, then says:
"I ask your Honor to instruct the jury to disregard the testimony just
given."
"Gentlemen," says the judge, "the evidence just given has been ruled
out by the court and is not relevant to the issue, and I must instruct
you to disregard these words of the witness and in arriving at your
verdict not to consider them."
Of all the absurdities that happen in court, the jurymen think that is
the worst. Does the judge or the lawyer believe for a moment that
because they say so the jury are going to forget what the witness
said, especially when it was the very thing they wanted to find out?
They watch the stenographer and they notice he does not even take the
trouble to cross it out of the notebook.
Occasionally a juryman becomes particularly interested and wants to
question something. Usually he is too self-conscious to run the risk
of being snubbed, but sometimes he is bolder and ventures a question.
"Why," asks the juryman, "didn't the defendant give back the goods if
they were not what she wanted?" Both lawyers are on their feet. There
is a mute appeal to the court; both sides are afraid to object to the
question for they think the juryman may have a prejudice if he were
stopped.
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