Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-06-07
A HUNG JURY.
BY SOL SMITH.

tOlerably well kn0wn-Rnd, at the river toWns
intermediate, there are q few ''fellers" who
are on terms of speaking acquaintance with
him. In fact, wherever the steamer Hannibal
has made landing-(and where is the land
ing she has not made a stop at at?)-Noah has
been seen and known at some time or other.
But in St. Louis-well, there's no use writing
about how well he's known there. And wher-
ever known, Noah is q favorite-l might say
q great favOrite. He has been clerk OF the
aforesaid Hannibal for don't t know how many
years-and the Hannibal continues to perform
voyages between New Orleans and St. Louis
with her single but powerful engine, and seems
rs good rs new; and Noah comes around with
his freight bills with astonishing regularity
and he appears better than'new.
But to my story In st. Louis, we all know
the difficulty of procuring jurors to try cases
before justices Of the peace-it being almost
next to an impossibility to get together twelve
citizens, "good men and true" who are will
ling to sit for two or three hours in Justices
ONCE, which is never, by any accident larger
than a moderate sized band box surrounded by
a proniscuous crowd which always gathers,
filing up q room, doors and windows, when
jury trial is to come of-especially if lawyers
are employed in it.
1t so happened, "once upon . time" two
merchants had little misunderstanding which
resulted in their going to law before Justice
Walsh. The amount In dispute was mere
trile; but each was obstinate and would not
give way jot-so to law they went.
To make matters worse, each must have q
lawyer to help him on, and one Of the lawyers,
determined to make as much out OF the case as
he could, asserted the constitutional right of
his client, and demanded jury. A venire
faciss was accordingly issued, and Constable
Bushby started of to execute his writ.
At the expiration of about an hour, during
which the court, attorneys and spectators
waited with exemplary patience, Bushby re-
turned, followed by one solitary individual,
carrying q huge lot Of freight bills in one
hand, and a half smoked cigar in the other-it
was Noah.
Have you summoned the jury, Mr.. Con-
stable ?" inquired the justice.
"Yes, sir" replied Bushby. throwing down
upon the table the writ, with the names Of
twelve citizens inscribed thereon. Il have
summoned them, but they won't come"
Won't come won't come. :" remarked the
justice, " we'll see about that Clerk, write
out attachments for these gentlemen. How
many are there who refuse to obey the order
of the COURT"
Eleven, your honor" answered the swear
ing constable; - this is the only one of the lot
CpOinting to our friend Noah) have been able
to scare up; and he don't seem much disposed
TO serve-says he intends to plead his privi-
legem
What privilege, pray Mr.. Ridgely, have
you TO plead? What valid reason can you
give the court why you should not serve on this
jury ," asked the justice.
- believe" replied Noah, stretching him
self up to his full height, and taking the cigar
from his mouth-he had been industriously
smoking since he entered theofice-''I believe
fireman is exempt from jury duty"
Certainly certainly" replied the justice,
but was not aware you belonged to either
of the engine companies. May l ask, Mr..
Ridgely, which engine you run with? ?"
he uiaf
are aware, perhaps, Mr. Justice, that the old
St. Louis had two engines; one of them consti-
tutes at this time the motive power of the Han
nibal, and that is the engine / run with-and
when hard pushed for hands, / have, upon oc-
casions, acted as fireman, therefore I suppose
I'm excused from jury duty"
mot so fast, my friend" interposed the
justice, " this will not excuse you
'Notn exclaimed Noah, with apparent sur
prise; :" then, he continued, taking seat on
the jury bench, "bring on your case, since am
oyerruled, and let us through with il as soon
as We can, for I'll be hanged if l stop long,
Bushby, at this iunctnre, returned from an
other unsuccessful forsy through the neighbor-
ing streets and alleys.
Can't scare up single man, he reported,
sitting down and wiping the perspiratiOn from
his face with a cotton handkerchief which he
carried in his hat.
What is to be done ?'' inquired the law
yers.
II am sure don't know, F" answered Justice
Walsh, unless you choose to take Mr.. Ridge
ly here, and let him decide your case"
As the laws of Missouri permit parties By
mutual consent to take "any number less thar
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 wal
sworn in, and assigned seat in the center o.
the jury bench.
Come now, boys" remarked the SOLITARY
jury, on taking his seat, "hurry up the cakes
I've got all these freight bills to collect, and
confound me if / can stay here long for any
body"
The lawyers made short work of the evi
dence, not wishing to fatigue the jury, and
proposed to submit the case without argument
The justice thought this was a very good
plan-it was near dinner time-and suggested
that perhaps the jury was ready to give a yer
dict without leaving his seat, when the JUN
spoke as follows:
Z" May it please the court, the jury is no
ready to give verdict. This is an importan
matters matter involving but q small matter
it lie true; bat the principle to be settled by ou
decision here to-day is one which interests thu
whole city-the State-the United States
may say the whole commercial world. Th,
jury, 1t great Inconvenience, hiss been dragged
here, and compelled 10 sit in judgment-th,
evidence being through, this jury would lik,
to hear the argument of the counsel"
VERY " ell" answered the counsel for tn
defence-and Immediately poured forth tor
rent Of eloquence in favor Of the side he es
poused, which must have had q convincing Of
feet in the right quarter, for when the learne'
gentleman resumed his seat, the jury express
ed himself ready TO render verdict; but tn
attorney for the plsintiff now insisted upon be
ing heard, and accordingly set forth his vie'
of the case In such vivid eolors that the jury
before he had finished his hours speech, ha
evidently relapsed into q state Of doubt an
uncertainty.
"If the court pleases," remarked the jury
before this last speech a verdict might hav
been given that would have satisfied one of th
parties at least. This speech has turned eve
rything topsy-turvy. There are some point
on which the jury must request the ins'ructio
Of the court"
The instructions were given, and it was ger
orally supposed that verdict would be rer
dered at once, as the dinner bells were ringin
in every direction; but not so-the jury pre-
ferred to retire and consider upon its verdict
and as all parties except the jury seemed abor