the plaintiff's complaint in the paragraphs numbered six, eight, and
ten. The defendant on his opening should be compelled to make plain to
the minds of the jury what he intends to show. He should take the
position of a plain business man who says, These foolish people
imagine they have a claim against me. They have nothing of the kind.

The plaintiff says that he understood the contract to be so and so
and that acting on that assumption both parties did certain things and
know the defendant with evil intent and wrongfully forgetting the duty
he owes to keep his word refuses to live up to his agreement,
therefore, "Gentlemen, we have been compelled to come to court and
bring this action and we shall show you gentlemen facts from which you
must find a verdict in our favor." The defendant then arises and says:

"Gentlemen, we are going to show a letter that contradicts all this."
Oratory has little place in the opening of the defendant.

The judge has been, during the two openings, attempting to keep the
two counsels down to the facts which he thinks may be proved and from
wandering too far afield. As quickly as they are both through he says,
"Call your first witness," and with trepidation the witness takes the
stand.




X

THE CONFUSED WITNESS