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Wells, Frederic DeWitt, 1874-1929

"The Man in Court"

He takes the
attitude of saying: "I want that point of law decided; it is such a
nice point, it ought to be settled." As a matter of fact he only
wants it settled in his own favor. It is not the abstract interest but
the concrete fact in which he is interested.
The lawyer is vigilant from the beginning of the trial to the end.
After the case is marked ready he watches the jury, the other side,
and the judge; any movement may be of importance; if it escapes his
notice he may lose his whole case. It is not safe for him to go on the
assumption that the other side is as honest as he is. If they should
attempt to put in some evidence that is not proper, to offer a paper
that is not duly authenticated, to try by some trick or device to take
an unfair advantage, he must be ready to pounce upon the incident. If
he is quick he may turn it to the advantage of his own side.
The other lawyer among a bundle of letters offers one that is only a
copy or is not signed. The lawyer notices it but keeps still and when
at the proper time calls the attention of the judge and the jury to
the fact, the plain implication is that the other side must have a
very weak case if it needs bolstering up by such methods as this.


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