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Wells, Frederic DeWitt, 1874-1929

"The Man in Court"

" The doors of the court-room are closed. The
attendants go about looking for whisperers and saying, "Cease all
conversation." The lady client is interrupted in telling her lawyer
that she thinks the judge has a kind face, but that she does not like
the looks of the man in uniform standing next to him, or vice versa.
Gradually the court-room quiets and a spirit of expectancy prevails.
But the actual taking of evidence and the hearing of testimony is not
yet. Now comes what is known as the opening. So in the tournament, the
armored knights entered with a blast of trumpets, their names and
titles having been called, and it was customary for them to ride once
or twice around the lists to let the judges see their armor, their
weapons, their mounts, their trappings and accoutrements, or they
might even try a tilt or two at one another. The introductory speech
of counsel is somewhat in the nature of a parade or a preliminary
skirmish. It may also be compared to the prologue spoken before the
beginning of a drama. The speech with the vivid brevity, so common in
legal terminology, is called the opening.
The object is to show to the judge and jury what the drama is about.
The secondary object is to arouse interest.


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