Excerpt from The Work of the Advocate: A Practical Treatise, Containing Suggestions for Preparation and Trial, Including a System of Rules, for the Examination of Witnesses and the Argument of Questions of Law and Fact
Many years ago the elder of the authors, impressed by a remark of Mr. Chitty"s, became a close observer of the different methods pursued by advocates in the trial of causes. The scrutiny, as the investigation progressed, went beyond the facts open to the observers unaided perception, and led to an inquiry into the habits of thought of jurymen. The position of the inquirer, at the time - that of trial judge - was such as to enable him to freely converse with the jurors and draw from them their opinions of the methods of the different advocates who came before them. The results of the investigation, both as to the method of examining witnesses and as to the course of argument by which jurors are influenced, are given in the pages which follow. It may, therefore, be justly said that as to these subjects, at least, this book is founded mainly on experience, although many books have been consulted in its preparation.
It has been the intention and the hope of the authors to give to the profession a book that shall be of service to the advocate in the actual work which he must do. It has been our purpose to treat of matters not usually discussed in works on pleading and practice. We have, as we believe, treated more of the things that abide in the unwritten practice than of those which are found in books. We hope that the young advocate will find suggestions of substantial value, and we even venture to hope that, while the advocate of experience may not find much in our pages that is new or instructive, he may, at least, find something of interest.
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