I had gone over all the points with him carefully, and he had seemed
to hold them with a masterly hand. He was entirely confident of
success, and so was I. But now he seemed to lose his grasp on the
best points in the case, and to bring forward his evidence in a way
that, in my view, damaged instead of making our side strong. Still,
I forced myself to think that he knew best what to do, and that the
meaning of his peculiar tactics should soon become apparent. I
noticed, as the trial went on, a bearing of the opposing counsel
toward Mr. B----that appeared unusual. He seemed bent on annoying
him with little side issues and captious objections, not so much
showing a disposition to meet him squarely, upon the simple and
clearly defined elements of the case, as to draw him away from them
and keep them as far out of sight as possible.
"In this he was successful. Mr. B----seemed in his hands more like a
bewildered child than a strong, clear-seeing man. When, after all
the evidence was in, the arguments on both sides were submitted to
the jury, I saw with alarm that Mr. B----had failed signally. His
summing up was weak and disjointed, and he did not urge with force
and clearness the vital points in the case on which all our hopes
depended. The contrast of his closing argument with that of the
other side was very great, and I knew when the jury retired from the
court-room that all was lost, and so it proved.
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