The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-08
Law IN 70 n = =.
U~ss<<a coates 0ro11s 0vurs.
u-Sove Juape Bssts and o jury.

~n~.ur. nav VA. NEW ENGLAND OAR SPRING 90.
1his ese, which has 80 lns sccapisd the Court,
% s,sP SsS, =" . s1s s On the mai
pos The announcement shis Circumstance,
yn r. Belts asked ths ssrties they would consent
TO nish the cause before the eleven jarors..
ar. Riohard-on, for the plaintiff said he ,ald
cor emf TO anything tsat would produce such a No
sn M a ffnal verdict between the parties At this
tsTr ana was desTous OF going on with sha eleven
jur or of having the place OF the deceased Juror
sui he'd
n. O'Conor, for the defendants, said--we will
Sot proceed before eleven jurors. Perhaps IL Is I'M
Ass. ssary 10 state our reasous.
dye oSas theranpon addressed The jury,
sps king wfsn0t notes 10 the following Import
g, ntlenep OF toe Jary--The fact which has just
b.ei maze known 70 you, OF the decease OF one o
ys1r nusaber siuce our ia't adjournment, will now
- tnate further proceedings III this clse ut this
tsru. The time aud labor bestowed upoa the c.
are ost 10 the parties anu the services yoa have
81 aiientiy rendered Hfl proiace no result what
sys wsrds The final disposition OF the Cause.
TIE tvet which baps sodieby brought your
habors To a cinse doabt an s1ectng one TO yoI
az. II Is but week t. day since you were in y,ur
ssa.es twelve IN ber H@u had been in ses ,i,,n
a,gethe fer period about orty days, devo.ing ~
the case ibn liked attention which the CD racter or
Che controversy, your standing and resreetabiity in
", and the interests committed 10 yoar charge
sssatDs o. you. The Court had reason % hope the
Easf Of the 1anld be di5p0 ed of definitely by
y.ur verdict, II is Mt necessary - anticipate, nor
en- the Court ansisipate Ia the sightes degree,
WAL usu nave bNtn your utttSi'n upon LiN iASL5
i. IL pute. The probability That yoa mad u,t
- ~ 0e,.rmIp III your own .dIment the resalt
- which yUt cnuld have arrived although from ths
Pre- rasi'naied proceedings ~ the ease aud the
5upie discussion ba 10 vario IS stayes OF those pro
&C. dB9s, bringing - your attention matter OF
esn liant and grounds oil dsienee, connected wit,
de consideration that txo iei--,ne npn,
esrh siQe-bad nirady I'd Tres ed You 81 length,
secapyin about tx days with their argcluas,ss,
sffeT he evidence WAS closed Il would be n, rash
= non ~ the part 81 The cont % saapo.e tht
had arly or entire cunci Isied in ' ,ur mind.
ts.%bat I.silt yrUr Judgment wond lead you. re-
sret M ch for the IN ties concerned in the oentro-
vr., thst u" case aald not nave b ds ,osa II
Nv yor verdict, So iar az that verdict elnld end nj
tAe pT.,en; tenn the questions NJ fact involved in
sle II hr,, been repeatedly stated IN il NJ
catsi sufficiently apparent 30 you, that tlis
scnaTnveFsy depends upon two considerable ~:
ese, fiat both ;ssr,ies claimed to be entitled t,
sle EasePesf 10 dispute, utder mndry convey
Aces az INSTRUMENTS IN writing; the nther, this
ieeFs are shsses al ia. Is outside OF these convey
nsss " Gu ME important 10 the Interests OF the
PrS en-, and can 30 only properly jetarmned by a
Dry. No doubt, far respects tue rights Of The
p~kt'es, reerng apon written oonveyaDoes, you viii
n- iy undssttlhd That tbese alters tss. mtga.
fpGsed IT by the courts without the a,s6tanoe
~ a3uiy tn Gaze hove YER, Ia SO cicuIn st.need
test -Rs4deemtd nut apimpnrtsnt, and perhaps
es5 1if Imoi tlnt tnaL the shouli be In pos
ssrsinn az iaeis supplied them by the yerd CT ~
tty ~ order that tn might he epabed more undcr-
se.udingly sDd more accunl.ely b Getern, ne
the rights OF the parties under she written
a-rsmspts. You understand that 20 that eni
ELa must ain what the parties meant oy
rsse ns + Dmsnte; That she real an.iing
ard design not OF .ogc but the nseug.,u OF b tn;
wbetfr by their outual Intentions one as 70 con-
vty, AMI he other TO receipe, conditional or IN
s.cluts interest IA the patent. IT, IN searching
foT the meaning OF the pArhes the conrt Is confued
u the papers, II must NECESSARILY reader
sclh ju gmeht upon their Interpretation AS
30 appears most In a:oorj Aaoe with the
pr~hable sente OF the language employed by
sne parties. That would he the Only guide
the eouit Eas 10 its Q eImnation. But the law
zls.p authorizes and desires that Che Court should
~, as FAR practicable put In the stnas of the
parties 10 the instriments that IL sh .uid have be.
IL il the facts which surrounded the parties at the
eae they made The contract, IN 0rier that, by tue
E oi tho e tact-, ~ they understood ny le
ya<ess, the Court m y pc enabled 70 deterfnls
what the true sn1 fair meaning Of the agreeBe ts
o. between the parties. Your services have been
reqa'fed 10 supply the Court that all :owards the
hss- pr, tation ot TIE contracts or istrnneute.
IL facilitate your ahors in that respect, /
had prepared qGssbons or inquiries in writ
Gg, To I've submitted 10 ypu, touching
We various facts which have been given 10 eyi-
Sooe NJ the course OF the trail tetweea the parties;
4ad although you would not have been b)and ny
ys,r doty AS Jurors t. have answered specifically 90
each o. these inquiries, the Co.rt entertained no
ssaAs you wouE have chcerfu.y furnished it the
rss-sa OF your Judgment upon the ev.ieHcc in ela-
Hrn To those facts. rs pmpoae in submitting
thsse inquiries g. you would have been, - il has
csney been my coarse In the trial OF cases before
ja.ry. 10 have made remarks whatever upon
TIE t.simooyto have laid the Ia yuiries ,fn, yoa
IN tire pishest manner that could frame the ia,er
paatories, aud then request you N recall to your
5su recollection the testimpny applicable % those
gucs'oIs together with the discussion Of that tca
upnuy, on the part Of ,he counsel On b 9TH sides,
snd decide upon your o~u remembrance and iudg
nept what rtsponse you would have been willing TO
give 10 these inquiries. Tie Court would have also
Xii before the Jury, ia wiring The issuss IN ia ia the
ce. wbsch aocorujng the fiudng " the jnry nsht
b. up these irues, might d.te rynine n ght
tyxp hnL ~ Al III
~ two three propositions Gully. and they world
have been LETT u your consideration aud IL isit l.
pp'p your nwn re-ponsibi ity--upon your ow jua
nsEt-6pon your own view 81 the evidence. Your own
recollection oft, and Your own Interpret N Of t.
The Court would assume TO 40 no more IAN enh
mil 70 Jou what IL understood % be the law " the
os-e. In that mole had hattered myself gcn'la-
meu, that you would have been e.,a,'ad 10 pre-
sent To the Court sDoh class OF issts : luy ox-
is,sd pertaining 10 this Controversy y ii When
be Usiter should come in review, either /, has tri
bucel or In dhe supreme tribunal OF the d, the
JSages sitting upon the examination OF the papers
might be enabled TO determine nacsoiiv aud ,ish
All aa-onabse tainty what tie parpes h. oded in
" contr1ct and writings entered into between them.
~sis. EeEtemeu, has been very rotracted trial,
RsJ am nee 10 say TO you that cannot discover
any ground for supposing bat what every fact un.
Portant 70 the parties In this case-every fact OK
pb,natofy Of their interests side tue other
MAJ ht have been lid before y.u with entire full ~
N the ceune Of me week can ger no rea.ou y ny
ve - Sld lave been required u sit for SIX we x,
In col ectDg the evidence which has be- Laid bcr ,re
ysa in this csse. This is not said in terms oi re-
pso-ch 20 asp party. No one - - take greater
ocusaTe IN IL than the Court itseif. You are
sw4c that the despatch OF q cause 90 trsl
IN geat degne depends upon the dis
s<euoe OF the Court. II can expedite IL or allow
cSse 10 bs retarded. In this court perhaps, even
mere than la most other tdbunal IL " the leaning
st We Court t. give parties ample opportunity anl
Indulgence IN tie hearing OF the canses Many Tea-
sous lad 10 this course OF procedure In many re.
eeois thi- IA court OF lost resort, aud it, decision
l. anal IN the controversy; II review Of the prp.
ing Is desirable Il must b. attended WITH gre
delay and expense. Tie proceedings must gont.
raiy h. csrrisd TO Was6iogto and they often ~ "a
60 wait years before they can be determined. Il
hs.s Teen found, Therefore, ordinarily to better
faiHsTye tue ends 81 justice for the
court ~ listen patiently 10 pirties and let
item hriug into view everything that they nay
cnasder msseIia 60 their interests on one side nd