The Placer herald. [volume] (Auburn, Placer County, Calif.) 1855-1991, 1861-07-20


are aware perhaps, Mr.. Justice, that the old
ST. Louis had two engines; one of them con-
stitues at this time the power of the
Hannibal, and that is the engine l run with
-and when hard pushed for hands, l have,
upon occasions, acted as fireman, therefore |
suppose Pm excused from jury duty"
Not so fast, my FRIEND" interposed the
justice "ths will not excuse vou-"
"Not!" exclaimed Noah, with apparent
surprise; "then," he continued taking seat
on the jury bench, bring on your case, since
| am overruled, and let us through with it
as quick as we can, for I'll be hanged if |
stop long"
Bushby at this juncture, returned from
another unsuccessful foray through the
neighboring streets and alleys
Cant scare up single man." he report
ed sitting down and wiping the perspiration
from his face with cotton handkerchief
which he carried in his hat.
"What is to be done?" inquired the law
yers.
81 am sure don't know" answered Jus
tice Walsh, "unless you choose to take Mr..
Rdgely here, and let him decide your case"
AS the laws of Missouri permit parties
by mutua consent to take "any number
less then twelve" in civil cases, the lawyers,
finding there was no chance of 'scaring up"
any more jurors, agreed to take Noah as the
jury, and after few objections on his part,
he was sworn in, and furnished seat in the
centre of the jury bench.
Come now, boys" remarked the solitary
jury, on taking his seat "hurry np the cakes;
I've got all these bills to collect and con
found me if | can stay here long for any
body"
The lawyers made short work of the ev-
dence, not wishing to fatigue the jary, and
propose to submit the case without argu
ment.
The justice thought this was very good
plant was near dinner time-and sugges
ted that perhaps the jury was ready to give
verdict without leaving his seat, when the
jury spoke as follows:
May it please the court, the jury is not
ready to give a verdict. This is an mpor-
tant matter-a matter involving but small
matter, it is true; but the principle to be
settled by our decision here to dav is one
which interests the whole city--the State
the United States may say the whole com.
'Hc'oioi "o'iu lhe jury dI great luCOn-
venience, has been dragged here, and com
PEELED to sit in julsment-the evidence be-
ing through, this jury would like to hear the
argument of the counsel !"
"Very WE'LL" answered the counsel for the
defence and Immediately poured forth a tor.
rent of eloquence in favor of the side he es'
poused. which must have had convincing
effect in the right quarter, for when the
learned gentleman resumed his seat, the
jury expressed himself ready to render a
verdict; but the attorney for the plaintiff
now insisted upon being heard, and accord
ing gy set forth his view of the case in such
vivid coors that the jury, before he had fin
ished his honr's speech, had evidently reIaps
ed into slate of doubt and uncertainty.
"If the court pleases," remarked the jury,
"betore the last speech a verdict might have
been given that would have satisfied one of
the parties at least. This speech has turned
everything opsy-turvy. There are some
points on which the jury must request the
instructions of the court"
The instructions were given and it WAS
generally supposed that verdict would be
rendered at once, as the dinner bells were
now ringing out in every direction; but not
so-the jury preferred to retire and consider
upon its verdict; and as all parties, except
the jury, seemed about obeying the summons
of the bells, hin: was delicatey given that
it would be no more than proper, and in
deed human, that the jury should be furnish
ed with refreshments. The hint was seized
upon by the attorneys, and two very abund |
ant dinners were in few moments passed
in through the window from the neighbor.
ing Jefferson House, the justice, constabIes,
lawyers and spectators having left the Office
in possession Of the jury, according to the
custom Of those times.
After dinner the crowd gradually reas'
sembled in the street, and through the open
window the imperturable jury was seen with
one leg cooked over the knee of the other,
looking carefully over the authorities which
bad been referred to by the lawyers; then
changing his position and putting the leg
which had been under on top the upper wall
Of the room WAS scanned with earnestDess
for a few minutes, after which large vol
ume containing the statutes of Missouri was
diligently consulted, and SO on. 1t was evil
lent, from appearances, that the jury had
not yet agreed.
At six o'clock, under instructions from
Justice Walsh, the constable inquired, as
$ usual in such cases: "Has the jury !
.greed!" solemn mo" was the response,
md soon after candles were brought and
,laced upon the table by the constable, who,
lfter lingering a moment in hopes Of an &
ntimation that verdict had been agreed {
IN, was waved out Of the room by the jury.
From quarter past six until eleven
'clcck, they cogitaed without any result =
1t length Bushby was ordered to summon r
he jury into court, which Was done by 4
penng the outer door and admitting the t
nc ti.a and .row5 into fha prasanna Of the