The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1882-05-20
Trying His Own Case.
How He Got on theJury-An Ineiden, In the New
York Court Of Common PieaA .

York Court Of Common PleaA
An incident that is probably without
parallel in the records of jury trials in
any country took place at the February
term of the court Of common pleas in
this city. At trial term before Judge
DAILY, The suit of Samuel Blumgard
against Joseph David, an action to re-
cover the value of goods alleged to have
been obtained on false representations,
was called in its proper order on the
calendar, and counsel for both sides
answering ready the clerk began tho
drawing of jury in regular form. Rich
ard S. Newcombe, law partner OF eX-
Judge Cardozo. appeared for the plain
tiff, and ex-Judge A. j. Dittenhoefer
for the defendant. The drawing of the
jury progressed very rapidly, while ex-
Jud ge Dittenhoefer was busy looking
over his papers and talking to his law
clerk, with his client David at his side.
Presently looking up and seeing that
| one more Juror was to be obtained, and
that the trial was about to begin, he
turned to ask David question but he
was gone. Mr.. Newcombe, few min
utes later, began the opening statement
of the plaintiffs case before the twelve
jurors, and in the course of his remarks
attacked David reputation as business
man very savagely. The absence of
David annoyed ex-Judge Dittenhoefer
very much, as he desired to have his
client present to listen to the charges
made by the plaintiffs lawyer, and to
ask him if they were facts. He sent his
laW-Clerll out into the corridors TO look
for David, but he could not be found.
Disguised and annoyed, he leaned back
in his chair listening to Newcombe's
TRADE against the defendant, and rs his
eyes ran along the faces Of the two tiers
OF iurymcn, he could scarcely believe his
senses when he recognized his client,
David, seated as one of 1.-THE twelve good
men and true'-a Juror on the trial of
| his own case. David was listening in
| the most careful but unmoved sort of
fashion to all that Newcombe was say
ing about him. When Newcombe had
| finished his address he called the first
witness to be sworn; but Just then the
eX-Judge rose and whispered in his ear:
"Dick, | don't want 10 60 on with the
case now. Can't you, as favor to me,
let it go over to next term"
Newcombe, with evident earnestness,
replied sharply; "No, can't do il; the
case has got to be tried now and here.
You've been hanging it up and holding
| it off long enough, and my client is inn
| patient He wants his money, and he
thinks already that I'm not pushing the
case. No, it's got to 90 on"
at can't so on now" replied Often
hoeier
"Oh, but it can, though, and il must
90 on!' was Newcombe's vehement re-
| joinder a can not agree TO any post
ponement at this stage"
"Wol, it won't go on" said the ex-
Judge with some show Of decision in his
voice Newcombe looked rather indig-
nant, but, before he could say anything
more, Dttenhoefcr's mouth was close
up to his ear Whispering: Look here
now, Dick, you had better not try this
case with this jury"
Ncwcombe looked startled, and facing
the ex-judgc, said eagerly: what do
you mean you don't mean TO say you
We got friend on the juryP"
II do" said the other, land can de-
pend on him to stand by my client"
Ncwcombe turned to the jury, and with
his keen black eyes scanned their faces
| quickly but closely, aud in an instant
dropped back into his chair, utterly
dumbloundcd, as he recognized David
among them. There was quiet laugh
between himself and the ex- Judge, and
then Ncwcombe asked, "llow did he
get thercP' IL haven't the remost idea"
replied Dittenhoefer Il was more sur
| priscd than YOU are when | saw him
there" The two lawyers held n con-
sultation with Judge DAILY, and as re-
suit the jury was dismissed, and the case
went over for trial at the March term.
| When David came from the jury-box
| to where his lawyer was seated, the ex-
| Judge asked him why he went into the
jury-boX. "WhyP They called my name
and told the jurors to take their seats in
the box, and l did So" Don't you
know better than that?n asked the law
| yer 10 you suppose you could go
there and give Judgment in your own
caseP" 81 do,' replied David, "because
| guess | know more about it than the
other jurors do"
Theeyplanation Of the affair of course
is that David, who is a rather iliterate
Polish jew, is a citizen, and is on the
jury panel Of the court of common pleas,
and his name happened to be drawn for
the jury that was to try Blumgard
against David without the clerk or any
one else noticing that the names Of the
men were Identical II is, perhaps,
proper to state that at the March term
trial Of the case David did not get on
the jury, and Blumgard recovered judg-
ment against him. New York Times