By this time the argument has
grown tense and after half an hour the original arguments of counsel,
the evidence, the instructions of the judge have become merged in the
minds of the jury with what has been talked of in the jury room. The
recollection of each juror includes the recollection of the discussion
that they are having. The mental picture is now a combination of what
each witness thought, each lawyer conceived it, how the judge
described it, what they imagined it during the trial, and added to the
mental concept is the recent present struggle between twelve points of
view.
They do not remember what it was the judge told them about their
verdict. Suppose they send out and ask him. No, they do not want to
appear like fools. It is plain. Their verdict must be for the
plaintiff or the defendant. But in that contract case where the other
side wanted something back from the plaintiff, how are they going to
find a verdict for both? They can't find a verdict both ways. They had
better send out and ask the judge. No. Well then they will send for
the pleadings, they will show.
"What," says one juryman, "do you think those pleadings would show
anything a reasonable man could understand?"
They decide that there was a bill that told the story.
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