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While exhibiting in his jury-trials, as we have shown, this double process of absolute identification and of perfect supervision and self-control, of instantaneous imaginative dips into his work, and of as instantaneous withdrawal from it, of purposely and yet completely throwing himself in one sentence into the realization of an emotion, thus perfectly conveying his meaning while living the thought, and yet coming out of it to see quicker than any one that it might be made absurd by displacement, he always had, as it were, an air-drawn, circle of larger thought and superintending relation far around the immediate question into which he passed so dramatically.
Choate was so much more than a mere lawyer, it was in court that he displayed the full force and variety of his powers. Hic currus et arma. We shall, however, speak more especially of his jury-trials, because in them more of his whole nature was brought into play, and because of them and of his management of them there is and can be no full record.
His tact in eliciting what was necessary to be known, and which they would have concealed, was forgotten and lost in his chivalrous and Christian recognition of their common humanity, and in his gentlemanly thoughtfulness that even they were still women, with feelings yet sensitive to eye and word. In jury-trials it would be foolish to judge style by severe or classic standards.
When these considerations are duly weighed, in connection with his language in the passage of his Diary, just quoted "I saw a most charming instance of prudence and patience" in the Judges: "My compassion upon the sight of their difficulties," "raised by my journeys to Salem, the chief seat of those diabolical vexations" it seems necessary to infer, that his opportunities of seeing all this, on the occasions of his "journeys to Salem," must have been afforded by attending the Examinations, held by the Magistrates who were also Judges; as it is established, by his own averment, that he never saw them on the Bench of the Court, at the Jury-trials.
As the greater interests of truth are best subserved by those whose zeal is commensurate to their scope of mind, so it is a part of the scheme of jury-trials, that, within the limits we have named, counsel shall throw their whole force into their cases, that thus they may be presented fully in all lights, and the right results more surely reached.
The scheme of jury-trials itself thus providing for a lawyer's standing in the place of his client and deriving from him his partisan opinions, and for urging his case in its full force within the limits of sound rules of law, it almost invariably follows, that, the greater the talent and zeal of the advocate, and the more he believes in the views of his client, the more liable he is to be charged with overstating or misstating testimony.
We have confined ourselves mainly to his jury-trials, because into them he threw the whole force and vitality of his nature, and because we could thus more completely indicate the variety of his accomplishments and the essential characteristics of his genius and individuality.
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