The Collected Works of Ambrose Bierce, Volume 1 by Ambrose Bierce
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page 16 of 237 (06%)
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who could read was not reading about local crimes he was talking about
them, or if doing neither was doing something worse! To the twelve men so chosen the opposing lawyers addressed their disingenuous pleas and for their consideration the witnesses presented their carefully rehearsed testimony, most of it false. So unintelligent were these juries that a great part of the time in every trial was consumed in keeping from them certain kinds of evidence with which they could not be trusted; yet the lawyers were permitted to submit to them any kind of misleading argument that they pleased and fortify it with innuendoes without relevancy and logic without sense. Appeals to their passions, their sympathies, their prejudices, were regarded as legitimate influences and tolerated by the judges on the theory that each side's offenses would about offset those of the other. In a criminal case it was expected that the prosecutor would declare repeatedly and in the most solemn manner his belief in the guilt of the person accused, and that the attorney for the defense would affirm with equal gravity his conviction of his client's innocence. How could they impress the jury with a belief which they did not themselves venture to affirm? It is not recorded that any lawyer ever rebelled against the iron authority of these conditions and stood for truth and conscience. They were, indeed, the conditions of his existence as a lawyer, a fact which they easily persuaded themselves mitigated the baseness of their obedience to them, or justified it altogether. The judges, as a rule, were no better, for before they could become judges they must have been advocates, with an advocate's fatal disabilities of judgment. Most of them depended for their office upon the favor of the people, which, also, was fatal to the independence, the dignity and the impartiality to which they laid so solemn claim. In their decisions they |
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