The choice of the jury
constitutes an interesting part of the performance. In this
preliminary play the lawyers having important parts, their manner,
bearing, tones of voice, their courtesy or discourtesy, repose or
nervousness, are watched and unconsciously noted by the jurors. As the
jury-box gradually fills, even the slightest idiosyncracy may have
some effect on the outcome of the case.
Trial lawyers are careful of their actions even before the case is
called to trial. It may be that among the spectators who have been
sitting beside the lawyers in the back of the room, waiting for the
case to be called, are those who may afterwards be called as jurors.
Any affectation of manner or pomposity is quickly detected.
Experienced lawyers immediately they are observed by their tribunal,
fall into the parts they are to play during the trial. One lawyer may
be jovial and radiate a cheerful confidence. Another has a superior,
detached, and academic air which promises a sarcastic cross-examination.
Yet another takes on a blustering, brow-beating, intimidating manner, a
kind of overmastering virility. Each kind has its own particular
advantages, according to the nature of the parts to be played.
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