"We must bear in mind, indeed, that the attention of the judge is not always so much on the alert as to dispel of itself the obscurity of our language, and to throw the light of his intellect on our darkness, but that he is often distracted by a multiplicity of other thoughts, which will prevent him from understanding us, unless what we say be so clear that its sense will strike his mind as the rays of the sun strike the eyes, even though his attention be not immediately fixed upon it."