The Placer herald., 1857-07-04
promise to pay. Then the plaintiff sued;

very substantial reasons why he ought not to
be required to pay. What they were for
get, but they amounted altogether to precise
ly nothing. His counsel offered TO prove a
variety Of facts, which had nothing more to
do with the case than the Proverbs of Solo
mon, so he came very soon to the end of his
brief. There was something which the Judge
thought must go to the jury, and according
| ly that something, whatever it was, went to
the jury, and the jury went to their room.
Kraut marched into the juryroom with
head erect and eyes, nose, and mouth dilated
He 1elt now that he was in power. He seat
ed himself for a second incubation on this
very small egg, as it appeared to the two
andtwenty eyes which surveyed it in com
pany with his two. His colleagues supposed
the jury unanimous, but, for forms sake, the
inquiry was put to each man, "For whom do
you find'" and, as regularly as put, came the
response, "For plaintiff" until it lighted upon
Kraut who, to every body's CONSERVATION,
squared off with the unexpected answer,
81 finds vor der defendant"
I suggested that Mr.. Kraut was laboring
under misapprehension of terms, and meant
plaintiff" but, der teuhe a bit, he meant
what he said, and said it again with an em
phasis which made the officer look in at the
door, under the suppositon that we had
agreed and were shouting for deliverance
There was evidently screw loose some
where. Kraut must be managed or we were
in for night session. thought would
try the effect of a little persuasion, and edg-
ing him off into corner, | expressed my
surprise that gentleman of such evident
intelligence and sagacity as himself should
hesitate in SO plain a case. | viewed the
whole testimony, and tried to hammer into
his thick head the rudiments of the contro-
versv, and convice him of his error. He
heard me very compacently to the end, and
then said:
"Ver gut-ver gut; but tell me this Won
ting: Vas not dat der, vat you call der plain
tiff, this man who had der gold-top caneE"
"Yes" said /, "of course that was the
plaintiff"
"Ver cut; then finds against der plain
tiff"
There was a twinkle in Kraut's eye, and a
twitch in his chin, which revealed the secret
Of his finding. The gold top was at the bot
tom Of his verdict, The plaintiff, like "the
engineer hoist with his own petard" was to
be mpaled on the head of his own cane, and
beaten with his only weapon Of defense.
Of gold-stcks-n-w waiting in his native land,
and had evidently no intention Of SIGNALLING
his first experience as a juror on the soil OF
freedom by a verdict in favor Of a party bear
ING so unmisakable badge Of aristocracy.
Expostulaton was useless; argument worse
than useless. Kraut was genuine friend
Of the people; Democrat not to be bribed
or lured from the straight path of equal
rights by thousand god-topped canes. He
was as firm as rock. spiked my battery
of proofs at once, and tried a chance shot of
lighter calibre.
"Certainly, Mr.. Kraut plaintiffs with gold
headed canes ought to be discouraged; but,
my dear Sir, are you quite sure that in this
case the plaintiffs cane was really gold-head-
ed? lie sat very near me- and as far as
could see, it was only washed with gilt, and
that of very poor quality. In fact, | will
bet you fifty dollars to one it was only brass"
"tSoF' exclaimed Kraut, throwing into these
expressive two letters-half interrogatory
half exclamation-aI the surprise of which
they are the vehicle for every Dutchman,
high or low $50! dat machts difference"
{ After pause) "Well, if der cane is gold
headed, | finds vor der defendant; if der cane
is brass, finds for der plaintiff"
ado you take the bet!" | quietly asked
But Kraut thought it was not worth while
to risk his dollar, and expressing himself as
perfectly willing to submit the matter to the
other jurymen, Immediately propounded to
them the important question upon which de-
pended the fortunes Of the litigants. There
was the most surprising unanimity of opinion.
Strange to say, every man of the ten had
made the subject of the cane his special study,
and there was not dissenting voice. The
top was brass, and the poorest brass, there
was no doubt about it; we agreed in less than
three minutes, and returning to the court
room recorded our verdict in favor of the
plaintiff, who, alarmed by our unexpected
long absence, had begun to imagine that he
was to be immolated on the altar of ustice
himself, instead of assisting at the sacrifice
of his adversary.
Kraut's eye was on the cane from the mo-
ment of our re-entry. A small cloud Of sus-
picion gathered on the horizon of his Dutch
face at his first glance, and deepened into
certainty as he concentrated all his energies
on that single focal point, the yellow top.
The plaintiff laid it down on the table while
he paid the jury. Kraut stepped forward
and took it up. He gave one despairing and
disgusting look at its unmistakable, genuine,
California briliancy, and then laid it down
very gently, with the air of a man profound
ly conscious of the great truth that there
is one thing worse than being humbngged-
and that is, to acknowledge it.
Just then the court adjourned
The next day Kraut was drawn on the
jury, but escaped. That jury was out five
hours, and then came in, reporting that they
stood eleven TO one and couldn't agree