378 THE POPULAR SCIENCE MONTHLY. 



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 con- 

 ditions. 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 sever- 

 ity 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 de- 

 vices to capture juries and jurors. Many of these turn on the 

 debility and confusion of mind which come from changed sur- 

 roundings 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 



