Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1851-03-26
Address S
OF the Citizens of the City OF "oFces'ef ="
their fellow Citizens of the county
OF Worcester.

TCOaetudtd.I
The Frchburg address represents tha' the ousi'ies
Of the Court of Common Pleas has so increased and
accumulated on the Docket, that the administration
of Justice is thereby delayed. 1t says In spite OF
every expedien that faithful and energetic judiciary
have been able to DEVISE the civil actions have &C.
cumuIa,ed in the Court of Common Pleas until at
,bis nresent term December Term, 1861 they have
reached the enormous extent of thirteen hundred,
unsettled and undisposed of, while the Dockets of
o,cb term show continued and steady quarterly in
crease"
We think this statement is materially incorrect, if
not wholly untrue In. order TO show this, we give
the facts as obtained from the Clerk of the Court and
the Docket.
At the commencement of the last December term
of the Court of Common Pleas, the whole number of
old actions on the Docket was 1871; and the whole
number of new actions was 400; making the whole
number of actions both Dockets 1851 and no more
And some of these then settled and disposed Of
The statement therefore that the number of actions
had reached the enormous number of thirteen hun
bred unsettled and undisposed Of" is not true. We
have stated that the true number of all the actions
both Dockets at the last December Term was 1857.
This number includes many cases which had been
settled between the September and December Terms,
and gives an erroneous impression as to the extent of
the number of cases then pending. At the last De-
cember Term the Court IS days, little less than
ten weeks During the Term Cos cases were dis
posed of by verdics defaults, nonsuts otherwise
so that at the close of the Term there were remain
ing on both dockets, the old and the new ONLY 599
actions unsettled and undsposed Of; and this the
number on the old Docket at the commencement of
the March Term. The number of verdiets rendered
at the December Term was 49, the number of trials
when the jury did not agree, 4; making the whole
number of trials during the Term H. Ii appears from
the above that in disposing of 668 actions only n
tried. The other 59l were settled or disposed
of by defaults, non-suits otherwise. They were
mostly mere collection suits and never intended for
trial
In all the cases entered previous to the last Sep
TENDER Term which were actually for trial, the par
ties had an opportunity for trials at the December
Term, if they desired it. with the exception Of nine
cases which were not reached for trial during the term
The March term of the Court is now pending, by
reason of an adjournment 1t is the opinion of the
Clerk Of the Court, formed by careful examination
Of the docket that the number of actions disposed
this term, will exceed the number of actions en-
tered that the number of actions is about tn
same as at the close of the December Term.
How many of those cases are for trial We ca
only judge by knowing the average. At the Decenn
Der Term, the proportion of trials to the number
disposed of, was n to 668-and this is the fai
average proportion. We have, then, the means of de
termining mathematcally, the probable number
trials On tie dockets of the Court. Ii may b
done by any one, by the rules of simple proportion
66S: IL: 500 90 We the fraction The re
suit shows that the number does not exceed 60 or Il
The average number of trials TO the whole number
cases. is one to about eight or nine.
From facts it is very obvious that the Ftchburg Ad
dress is calculated to mislead and gives false i'm
preston to its readers, in relation TO the docket
this Court by its statement that the number of action
upon it had reached the enormous extent of 1900.
Let us examine the correctness of its other state
ment THAT the dQckets of each term show continue
and steady quarterly increase" Is it so The state
ment is very general, without any exception or lim
alton as to time Let us look at the facts We wi
give the number Of actions on the December Term
1903, and at decennina periods from that time to 84s
taking the whole number at the December Terms eac
year They are as follows