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have no application to the question under con sideration. — O' Took. Fourth. •— If there is no merit in your case, object to everything at all times and whenever an opportunity is given. This is done that the minds of the court and jury will be drawn from the main issue. [Note.] — It requires some skill, however, to do this without detection.. — O'Toole. Fifth. — If the court discovers the real issue in the cause and is inclined to be against your version of the matter, then by all means inter pose objections to everything whether you have grounds for it or not and whether there is any reason for it or not. Make as many as you possibly can, even if you have to repeat the same objection over and over, the idea being to over-awe the court, oftimes causing the judge to change his mind in your favor. [Note.] — This cannot be worked on all judges. — O'Toole. Sixth. — In making objections always stand before the court, and never give way or sit down, because it will give the other side an opportunity to say something if you do, and standing a long time before the court, whether you say anything or not, sometimes causes the judge to rule in your favor through sheer exhaustion. [Note.] — This is sometimes tiresome, but must be closely followed. — O'Toole. Seventh. — When you rise before the Judge to interpose an objection, commence in a solemn and low tone of voice. If you dis cover, however, from the countenance of the judge holding the court that he does not agree with all your views, assume a swelling attitude, leaning backwards, throw your hands in the air and if necessary take a swimming position; look serious, the idea being to infuse the mind of the court with your earnestness. In raising an objection of this particular kind, it isn't what you say so much as how you look that carries conviction to the mind of the court. [Note.] — In order to successfully work this swelling attitude, a large amount of practice is necessary, and before you try to work this on all judges, it will be well for you to practice on those of a quiet disposition and who boast of their honesty in purpose. It will not do to work the swimming attitude on a nervous judge at first. — O'Toole. Eighth. — If you have made numerous
objections to a proposition and repeated them as many times as you possibly can, and after you have argued the questions over and over again, you still discover that the court is in clined to be against you, either from the way he looks or what he says, you should then try and make further objections, stuttering if necessary, changing your phraseology, jump ing up and down, take the position that you haven't stated all the grounds of your objec tion. Then if this proves of no avail, ask to withdraw a juror on the ground that you are surprised in the court's attitude. This usually causes the court to rule in your favor. [Note.] — This style of objection is to some extent tiresome, but usually brings victory. — O'Toole. Ninth. — If in making your objections you discover that you have taken up a great deaof the time of the court, whether unnecessal rily or not, to the detriment of other litigants who may be waiting to have their causes heard, still you must not pay any attention to them, for it is the persistent practitioner that succeeds and always insists on being heard and seen, no matter how much time it requires. [Note.] — If the court permits you to make long arguments and interpose numerous ob jections and repeat them and change the phraseology of the grounds of the objection. it indicates to the ordinary client that you are a learned practitioner, otherwise the court would not give you such attention. — O'Took. Too Much. — Counsel for the defense in a murder trial in Chicago recently had been try ing to bring out testimony along a certain line to which the assistant state's attorney, who was conducting the prosecution, had in each, instance objected and been supported by the ruling of the court. Finally after an unusually spirited tilt between the opposing lawyers, which had been terminated by the court's ruling in favor of the position taken by the prosecution, the attorney for the defense ad dressed the presiding judge with some heat, intimating that sufficient leeway in the intro duction of evidence had not been given him. "I think you have had a proper degree of freedom with regard to the introduction ot evidence, Mr. Attorney," remarked the court mildly.
