The judge usually comes to the rescue and tells the juryman
that he is sorry, but that his question is manifestly improper in
form. The evidence should be whether the defendant did a certain thing
or did not do it. The reason why he did it is not in point. After two
or three attempts of this kind the juryman subsides and sits patiently
through the trial without any suggestion. He thinks that there is a
hopelessly complicated game being played before him and he does not
attempt to interfere.
There may be some truth in the theory of the attorney who says:
"Always look out for the juryman who asks your witness questions. He
is against you. If he absolutely believed the witness he would let it
pass without questioning." This reasoning may be used as an argument
either way, for if the juryman believes the witness he may feel that
he should like to have him tell more. Or if he does not accept him as
truthful, he thinks it will not be worth while to ask him other
questions. An inference may be drawn as to the juror's attitude for
and against.
An inexplicable thing to the jury is when the judge takes the case
away from them and directs a verdict or dismissal of the complaint.
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