Page:Popular Science Monthly Volume 47.djvu/390

378 so often submitted to them. Practically and literally the twelve men of uncertain intelligence, and doubtful capacity and training essential to determine the disputed questions, are placed in the most adverse hygienic conditions for healthy brain and functional activity. Supposing these men to have fair average intelligence with honesty of purpose, they are placed always in a close, badly ventilated court room, and are obliged to sit in one place for five or six hours a day; in cases of capital crime they are housed at some hotel at night, and have changed diet, changed sleeping rooms, imperfect exercise, continuous mental strain, and this may be continued for a week, ten days, or even longer. Intelligent and sound brain reasoning would be impossible under these conditions. Even judges, trained to examine and reason from facts along legal lines, display weakness and confusion of mind at the close of a long trial on many occasions.

The practical observation of any jury in some important trial will show after the first day a listless abstraction that slowly deepens into a veritable mental confusion. At times, some one of the jury will appear impressed, but soon he settles back into a prolonged, steady, vacant stare at the counsel and witness. As the ca?e goes on the faces of the jurors become paler, or increase in redness; their eyes lose their intelligence and become vacant or watery. Some show restlessness in their frequent changing positions of body; others become somnolent and inclined to stolidity; others are constrained, and seem to be struggling to keep up some degree of dignity, and imitate the judge in severity of manner. When the counsel flatters them, they start up anew and assume the appearance of more dignity and wisdom. Every lawyer has many curious stories of the schemes and devices to capture juries and jurors. Many of these turn on the debility and confusion of mind which come from changed surroundings and functional disorders resulting from confinement and mental exhaustion.

After the second day all connected ideas of the case become confused; only here and there some fact impresses itself, or some witticism or story that is strange or grotesque, or some conflict of lawyers, or reprimand of the judges. All the rest is vague and uncertain. The surprise on the faces of the jury, as the judge and lawyers repeat the testimony of the witnesses, shows that it is new, and they did not hear it at the time it was given. The pleas of opposing counsel often create equal surprise in the faces of the jury. If the jury were to render a verdict after one side had closed, it would be for that side. The same conviction is noted at the close of the arguments of the opposite side. The judge's charge often dispels this conviction for the last speaker, and throws them back into more helpless, confused states. They are