The old
conception of the trial as a battle is disappearing.
The opening by the defendant at the beginning directly after the
plaintiff has finished his opening and before a witness is called,
makes the trial simpler to the minds of the jurymen who are to decide
the facts. The pleadings are supposed to define and state the issues
but as they are usually technical they have become not sufficiently
pliable. The defendant by his answer denies merely the facts stated in
the plaintiff's complaint in the paragraphs numbered six, eight, and
ten. The defendant on his opening should be compelled to make plain to
the minds of the jury what he intends to show. He should take the
position of a plain business man who says, These foolish people
imagine they have a claim against me. They have nothing of the kind.
The plaintiff says that he understood the contract to be so and so
and that acting on that assumption both parties did certain things and
know the defendant with evil intent and wrongfully forgetting the duty
he owes to keep his word refuses to live up to his agreement,
therefore, "Gentlemen, we have been compelled to come to court and
bring this action and we shall show you gentlemen facts from which you
must find a verdict in our favor.
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