The Judges
In any debate the judges are of supreme importance. They decide the merits of the speakers themselves. The judges are of infinitely more importance than the audience. In interscholastic debates men of some prominence are invited to act as judges. In the instructions to them it should be made clear that they are not to decide which side of a proposition they themselves approve. They are to decide which group of speakers does the best work.
They should try to be merely the impersonal registers of comparative merit. They should sink their own feelings as every teacher must when he hears a good speech from one of his own students supporting something to which the instructor is opposed. Good judges of debates realize this and frequently award decisions to speakers who support opposite positions to their personal opinions. They must not be like the judges in an interscholastic debate who announced their decision thus, "The judges have decided that China must not be dismembered." That was an interesting fact perhaps, but it had nothing to do with their duty as judges of that debate.
In business, the buyer, the head of the department, the board of directors, constitute the judges who render the decision. In legislative assemblies the audience and judges are practically identical, for after the debate upon a measure is concluded, those who have listened to it render individual verdicts by casting their votes. In such cases we frequently see decisions rendered not upon the merits of the debate, but according to class prejudice, personal opinion, or party lines.
This is why so many great argumentative speeches were accounted failures at the time of their delivery. Delivered to secure majority votes they failed to carry conviction to the point of changing immediate action, and so in the small temporary sense they were failures. In legal trials the jury is the real judge, although by our peculiar misapplication of the term a different person entirely is called judge. In court the judge is in reality more often merely the presiding officer. He oversees the observance of all the rules of court practice, keeps lawyers within the regulations, instructs the jury, receives the decision from them, and then applies the law. Every lawyer speaks—not to convince the judge—but to convince the jury to render a decision in his favor.