It is on the whole better and easier to put it off.
Now if the judge declares a mistrial, on the motion of the plaintiff,
that is his own look out. He believes that he can not have a fair
trial, that he can not proceed. But suppose the defendant by his
lawyer makes the trial unfair. His lawyer keeps asking those improper
questions which imply so much to the minds of the jury. The judge may
speak severely to the lawyer and caution him not to keep on putting
suggestive questions. That is all that he can do. It would be plainly
unfair to order the withdrawal of a juror. The trial according to the
opinion of the judge may be unfair. The plaintiff's counsel is afraid
to ask for a mistrial, first on account of the trouble and expense to
his client, and second, if it be denied, the jury will believe he
thinks them unfair and does not want them to try the case. The judge
is in a curious position with regard to objectionable questions and
testimony, he ought not to penalize the plaintiff by punishing the
defendant. The loosening of the laws of evidence might do away with
quandaries such as these.
XII
THE MOVEMENTS IN COURT
Motions imply movement and action especially in a drama, but in a
court motions are the reverse and occupy the place of dramatic pauses
which delay the real movement of the play.
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