Yet what is the effect? The jury believes unless the lawyer
thought the answer would be most unfavorable to his side he would not
have objected to it so strenuously. The impression remains on the
minds of the jury that there was a good deal to that question of what
he told his wife.
It is for this reason that when the lawyer keeps on asking
objectionable questions, the judge will sometimes declare a mistrial
or allow one side to withdraw a juror, which is only a polite way of
saying that the present jury in the particular case can not be fair.
Here arises one of the prettiest dilemmas of the law on the trial of a
case. Suppose the case has been going on all day or for several days.
The plaintiff is very anxious to have it finished. He has been at
great expense and trouble to get his witness and the lawyers' time is
valued at so much per trial day. On the other hand the defendant at
the worst can only have a judgment against him, which may as well
happen at another time. He is willing to have the case declared a
mistrial and start anew; he knows it will take a long time for the
trial to come up again. It has been a dull grilling proceeding, but he
does not care so long as there is a chance of postponing the judgment
against him.
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