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Hawkins, Norval A.

"Certain Success"

So, to assist the jurors in arriving at their verdict on the
evidence, the lawyer _sums up the case_. He lays before their minds his
views, and tries with all his power and art to convince them that his
word pictures are true reproductions of the facts in their relation and
proportion to all the circumstances surrounding the issue.
[Sidenote: Preponderance Of Evidence]
The _object_ of the lawyer when he addresses the jury is to make the
convincing impression that _the testimony in favor of his client far
outweighs the evidence on the other side_. He adjures the twelve men
before him to "weigh the evidence carefully." He declares the judge will
instruct them that in a lawsuit the verdict should be given to the party
who has a "preponderance" or greater weight of proof on his side. _At
this closing stage of the case the lawyer acts as a weighmaster._ He
wants to make the jurors feel that he has handled the scales _fairly_,
that he has taken into consideration the evidence _against_ him as well
as the facts _in his favor_; and that the preponderance of weight _is as
he has shown it_--so that they will accept _his_ view and gave him the
verdict.


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