watch on the examination of witnesses to exclude all improper
testimony, whether objection be made to it or not, declines to
hear argument on matters that may appear to him too clear to
justify it, and is impatient when argument on doubtful points is
continued longer than he thinks worth while, may be respected,
but he will never be popular. Trials for these reasons are
longer in the United States than in England. Fewer summary
rulings are made. More questionable evidence is admitted. More
time is allowed to counsel in the argument of the cause, and more
freedom in arguing points that may seem immaterial to the court.

The broad liberty of appeal generally allowed is another reason
for hesitation on the part of trial judges to interfere more than
seems absolutely necessary with the management of a cause by
counsel. It is not merely the legal right of appeal but the
practice under it which is a peculiar feature of our judicial
system. A foreign lawyer often hesitates to cross swords with
the judge. He distrusts his own judgment if it differs from that
of the court. He defers to the opinion of the bench, not only as
stating the law of the case, but as probably stating the law of
the land. He therefore seldom appeals on minor points of
procedure, even if he could. In the United States probably one
case in ten of all that go to trial is carried up for review on
points of law; many of them mere matters of practice not
affecting the merits of the cause.

The American lawyer can also safely speak with freedom of the
conduct of the government or of high officials should it come in
question.