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Updated: July 15, 2025
Moreover, the so often recurring necessity, incident to our system, of obtaining a favorable verdict from the people, has fostered in our public men the talents and habits of jury-lawyers at the expense of statesmanlike qualities; and the people have been so long wonted to look upon the utterances of popular leaders as intended for immediate effect and having no reference to principles, that there is scarcely a prominent man in the country so independent in position and so clear of any suspicion of personal or party motives, that they can put entire faith in what he says, and accept him either as the leader or the exponent of their thoughts and wishes.
Nearly all the eminent jury-lawyers we have known have been, consciously or unconsciously, self-asserting, and their individuality rather than that of their clients has been impressed upon juries.
Moreover, the so often recurring necessity, incident to our system, of obtaining a favorable verdict from the people has fostered in our public men the talents and habits of jury-lawyers at the expense of statesmanlike qualities; and the people have been so long wonted to look upon the utterances of popular leaders as intended for immediate effect and having no reference to principles, that there is scarcely a prominent man in the country so independent in position and so clear of any suspicion of personal or party motives that they can put entire faith in what he says, and accept him either as the leader or the exponent of their thoughts and wishes.
Luther Martin and Jeremiah Mason were the most eminent American examples of the very many great jury-lawyers who were almost destitute of all that makes up popular eloquence. A jury-lawyer is of course greater with it, but he can do entirely without it. Almost all great trials appeal to the intellects rather than to the passions of jurors.
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