had formed conclusions prior to his investigation, he must carefully avoid.
In this connection consider the following:--
I very much regret that it should have been thought necessary to suggest to you that I am brought here to "hurry you against the law and beyond the evidence." I hope I have too much regard for justice, and too much respect for my own character, to attempt either; and were I to make such attempt, I am sure that in this court nothing can be carried against the law, and that gentlemen, intelligent and just as you are, are not, by any power, to be hurried beyond the evidence. Though I could well have wished to shun this occasion, I have not felt at liberty to withhold my professional assistance, when it is supposed that I may be in some degree useful in investigating and discovering the truth respecting this most extraordinary murder. It has seemed to be a duty incumbent on me, as on every other citizen, to do my best and my utmost to bring to light the perpetrators of this crime. Against the prisoner at the bar, as an individual, I cannot have the slightest prejudice. I would not do him the smallest injury or injustice. But I do not affect to be indifferent to the discovery and the punishment of this deep guilt. I cheerfully share in the opprobrium, how great so ever it may be, which is cast on those who feel and manifest an anxious concern that all who had a part in planning, or a hand in executing, this deed of midnight assassination, may be brought to answer for their enormous crime at the bar of public justice. [Footnote: Works of Daniel Webster, Vol. VI, p. 51. Little, Brown & Co., Boston, 1857.]
SINCERITY. Another quality of paramount importance to the arguer is sincerity. This he must really possess if he is to be eminently successful. To feign it is almost impossible; some word or expression, some gesture or inflection of the voice, the very attitude of the insincere arguer will betray his real feelings. If he tries to arouse an emotion that he himself does not feel, his affectation will be apparent and his effort a failure. There are few things that an audience resents more than being tricked into an expression of feeling. If they even mistrust that a speaker is trying to deceive them, that he is arguing merely for personal gain or reputation and has no other interest in the case, no desire to establish the truth, they will not only withhold their confidence, but will also become prejudiced against him. It is usually inviting disaster to champion a cause in which one is not interested heart and soul. Of course in class room work the student cannot always avoid taking a false position, and the training he receives thereby is excellent, but he cannot make his persuasion of the highest type of effectiveness unless he honestly and sincerely believes what he says, and feels the emotions he would arouse.
AN APPEAL TO SOME EMOTION. One of the strongest forms of conciliation is the direct appeal to a dominant emotion. If an arguer can find some common ground on which to meet his audience, some emotion by which they may be moved, he can usually obtain a personal hold that will overcome hostility and lack of interest. In deciding what emotion to arouse, he must make as careful and thorough a study of his audience as he can. In general, the use of conviction need vary but little to produce the same results on different men; processes of pure reasoning are essentially the same the world around. But with persuasion the case is different; emotions are varied, and in each separate instance the arguer must carefully consider the ruling passions and ideals of his audience. The hopes and aspirations of a gang of ignorant miners would differ widely from the desires of an assembly of college students, or of a coterie of metropolitan capitalists. Education, wealth, social standing, politics, religion, race, nationality, every motive that is likely to have weight with the audience should be taken into consideration. Remembering that he has to choose between such diverse emotions as ambition, fear, hatred, love, patriotism, sense of duty, honor, justice, self-interest, pleasure, and revenge, the arguer must make his selection with the greatest care, and then drive home the appeal with all the force and eloquence at his command. The higher and nobler the emotion he can arouse, the greater and more permanent will be the result. If the audience is such that he can successfully arouse no higher feeling than that of self-interest or revenge, he will, of necessity, have to appeal to these motives; but whenever he can, he should appeal to the
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