The air
would be electrified by the force of her personality. Without a
previous introduction, however, we might be so lacking in discernment
as to find her, in appearance and voice, no more unusual than the
average witness who goes on the stand.
Thackeray not only created Becky Sharp; he also created our interest
in her. Similarly the lawyer may create an interest in his witnesses,
some of whom may be personally every bit as extraordinary as any
character in a novel. If a witness be actually commonplace, there is
all the more need for making him vividly human; if he be so colorless
that nothing could be made of him personally, he may acquire interest
through the class to which he belongs, for classes have a personable
color more deep than the almost colorless individual.
To induce the jury to visualize the story and the characters, the
highest literary gift may be brought into play. The lawyer is limited
as to time and the description he may employ. He has, however, his
voice and expression: an actor's tools. But again the rule of
simplicity and naturalness should apply.
The opening speech is a prologue and it does not argue. Counsel will
not be permitted to argue his case in his opening, for his opponent
will object and the Court will often say, warningly, "Counselor, you
are summing up.
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