1. The charge as a whole is a fair exposition of the law of this case.

2. An exception to the manner or tone of voice of the court in delivering his charge is not reviewable by this court, there being no way by which it can be reflected here or its influence estimated.

(a.) It is not always necessary that the court should charge an equal amount on the theory of each side. Frequently one position may require more elucidation than another.