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Updated: May 8, 2025
Now if the judge declares a mistrial, on the motion of the plaintiff, that is his own look out. He believes that he can not have a fair trial, that he can not proceed. But suppose the defendant by his lawyer makes the trial unfair. His lawyer keeps asking those improper questions which imply so much to the minds of the jury.
The plaintiff's counsel is afraid to ask for a mistrial, first on account of the trouble and expense to his client, and second, if it be denied, the jury will believe he thinks them unfair and does not want them to try the case. The judge is in a curious position with regard to objectionable questions and testimony, he ought not to penalize the plaintiff by punishing the defendant.
The judge passed the verdict down to the minute clerk, who read in a clear, distinct, monotonous tone: "Celso Fabbri, Frank Normando, mistrial. Salvatore di Marco, Frank Garcia, Giordano Bolla" the list of names seemed interminable "Gaspardo Cressi, Lorenzo Cardoni, Caesar Maruffi" he paused for an instant while time halted "not guilty."
"Gentlemen! Gentlemen!" expostulated the judge firmly. "Take your seats or I shall declare a mistrial. Go on, Mr. Tutt. Call your next witness." "Mrs. Appleboy," called out Tutt, "will you kindly take the chair?" And that good lady, looking as if all her adipose existence had been devoted to the production of the sort of pies that mother used to make, placidly made her way to the witness stand.
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