Lectures On the Study And Practice of the Law, Delivered in the Law School of Harvard University

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179 establish the fact of such prejudice or hostility. It creates an antagonism between such juror and his client to be made the subject of open discussion in court as to his fitness or capacity, and, if the attempt fails, it is apt to leave a sense of wounded self-love which it is difficult to overcome in the progress of the trial. So that, in all doubtful cases, it is better to try to win over a suspected juror than alienate him by declaring open hostility to begin with.
I may remark in passi
...ng that there are cases oc- casionally where counsel may desire to have a jury " view," as it is called, or visit the scene or locality of a transaction about which testimony is to be offered when it is necessary, in order to understand and apply it. Tliis is especially the case in the trial of questions of boundary, or where the relation of one object to another may be referred to by wit- nesses. And it is even allowed, though reluctantly, by the courts in capital cases. It is only upon spe- cial application by one or both of the counsel that the court permit and order such a view.

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