Caution requires him to examine the jury in every important
case, and frequently this ruse on the part of the defendant
makes it appear as if the State had less confidence in its
case than the defence. This trick was invariably used by the
late William F. Howe in all homicide cases where he appeared
for the defence.
The next step is to slip some juryman into the box who is
likely for any one of a thousand reasons to lean toward the
defence--as, for example, one who is of the same religion,
nationality or even name as the defendant. The writer once
tried a case where the defendant was a Hebrew named Bauman,
charged with perjury. Mr. Abraham Levy was the counsel for
the defendant. Having left an associate to select the jury
the writer returned to the courtroom to find that his friend
had chosen for foreman a Hebrew named Abraham Levy. Needless
to say, a disagreement of the jury was the almost inevitable
result. The same lawyer not many years ago defended a client
named Abraham Levy.
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