The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-21
Temporarily Utilizing a Batch Of Un-
employed Lawyers.
JUDGE MADAMS' HAPPY THOUGHT
A Series Of Accident Suits Disposed OF
in the Courts.
THE LANE Of THE KxlckERBocKERs.

AZ hali-past four O'Clock yesterday afternoon tho
parties and counsel In o suit between lazarus SOM
born and Nathan Goldsmith and others were In the
Marine Court awaiting trial. Tho only jurors In court
except one already engaged cndeavorng to agree
In which had been tried before them. Tho
sole juror disongaged, though willing to serve alone.
was not deemed quito sufficient by the counsel In tho
cause AS II was doubtful how long the other jurors
would remain In consultation and the parties aud the
Court al anxious to dispose OF tho case, Judge
Nc Adam cast his eyes around tho court search OF
moro material OF which to construct Jury. see-
ing number or lawyers sitting unoccupied for tho
momons no determined to utilize them Tho
Clerk was accordingly ordered TO Gull their
names, and In a few minutes jury Of SIX was con-
structed consisting Of Colonel Charles s. spencer 40
foreman, Mathew Laird, J. =. Solomon j. steinert.
James NJ. Lcddy and the ayman, WaKeman Clark.
This number WIS acceptable TO both counsel In the
cause and tho trial Immediately proceeded WITH
Az counsel Tor tho plantiG began his opening by adj
dressing them as ..gen.Iemen OF tho jury" an
irrepressibc smile became visible ON the faces of
some but the foreman maintained q countenancc OF
rigid solemnity, lew sharp raps OF the Judges
gavel soon brought 10 tho features OF the
others the same subdued aud serious aspect The
SUIT developed by the testimony offered was nsti-
tuted by Lazarus SomDorn TO recover S378 Oh from
Samuel Goldsmith Herman Hertz and Nathan Gold
smith MS o balance due Tor wines. The wines were
furnished for salo IN Paul Fak's Tivol Garden, II
being alleged that the defendants had Claims against
Paul nAu procured the Wines 70 DO IuTnlsuou or
the purpose Of keeping mis- place running the hope
OF the proceeds they ght receivo the amount
OF their claims. There dispute as 70 the amount
Of the claim this case, the only issue being whether
Samuel Goldsmith and Herman Hertz were jointly
liable with Nathan Goldsmith, who made no deicnce
The charged tho jury briefly as the presumed
knowledge OF law on their part seemed to mako
proper but juror Leddy thought u necessary
10 ask further instructions as 10 tho amount OF
evidence necessary to bind the defendants jointly.
This being given by tho Court tho jury retired TO de-
lberate. In low minutes they returned INTO court,
and tho foreman stated that his associates had ro-
quested HIN to ask instructions oil tho Court as to
whether ir they should mud Samuel Goldsmith not TO
have been member oil the firm Of Nathan Goldsmith
L. Co., they could stiil find verdict against him AZ
Jointly liable Tor tho debt in ISSUE The Court in
structeu them that they could
..Then, Your Honor" said Colonel Spencer. Two
have agreed. We 1nd against Nathan and Samuel
Goldsmith tor the uil amount, and IN favor OF Her.
Hertz
s.Gentlemcn OF the jury" said Judge McAdam, "you
viii receive your pay aud are discharged with tho
thanks OF the Court"
The Jurors zach then received dollar from the
Clerk That givenBo Colonel Spencer, the foreman,
happened TO be a silver trade dollar, at which ne
gazed intcnty Tor some seconds. anu turned II over
carefully read the inscriptions thereon Balancing
IL on his right forelnger and holding IT out in tu
view OF tho Court he inquired II ne was bound 70
accept u us equivalent Tor = dollar.
II hold it DO legal tender for dollar" said tho
Court The Colonel thcreupon pocketed the dollar
with apparent satisfaction, and with II verdict In
favor OF his client iu in which the jury had
been deliberating while he and MS associates had
boon putting thenseve IN their places.