The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1882-05-25
Trying His Own Case.
How He Got on theJury-- An Incident In the New
York Court of Common Pleas.

! How He Got on theJury-An Incident In the New
York Court of Common Pleas.
An incident that is probably without
: parallel Ill the records of jury trials in
any country took place at the February
term of the court of common pleas in
! this city. AT a 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 the
drawing OF a jury in regular form. Rich
ard 5. 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-
Judge 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 3 question but he
was gone. Mr.. Newcombe, Il few min
OF the plaintiff s case before the twelve
jurors, and in the course of his remarks
attacked David S reputation as business
man very savagely. The absence of
David annoyed ex-Judge Dittenhoefer
very much, as he desired to have his
chent present to listen to the charges
made by the plaintiffs lawyer, and to
ask him if they were facts. He sent his
I,I1fi inf thn "A
Tor 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 as his
eyes ran along the faces of the two tiers
OF jurymen, he could scarcely believe his
senses when he recognized his client,
David, seated as one of ''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
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 to go 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: mo. l can't do it; the
case has got to be tried now and here.
You've been hanging it up and holding
1t off long enough, and my client is i'm
patient. He wants his money, and he
thinks already that I'm not pushing the
case. No, it's got to go on.''
'1t can't 60 on now," replied Ditten-
hoefer.
''Oh, but it can, though, and it must
60 onr' was Newcombe's vehement re-
joinder, 81 can not agree to any post
ponement at this stage"
''Well, 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, Dittenhoefer's mouth was close
up to his ear whispering: "Look here
now, Dick, you had better not try this
case with this jury"
Newcombe looked startled, and, facing
the ex-judge, said eagerly: .'What do
you mean-you don't mean to say YOU
we got a friend ON the jury?"
Il do,' said the other, land / can de-
pend on him to stand by my client"
Newcombe turned to the jury, and with
his keen black eyes scanned their faces
quickly but closely, and in an instant
dropped back into his chair, utterly
dumbfounded. as he recognized David
among them. There was quiet laugh
between himself and the ex-judge, and
then Newcombe asked. '.How did he
get thereP' Il haven't the remost idea,"
replied Dittenhoefer. Il was more sur
prised than you are when saw him
there" The two lawyers held 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. ''Why? 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?" asked the law
yer. 'Do you suppose you could 60
there and give Judgment in your own
case?' II do," replied David, '.because
I guess know more about it than the
other jurors do"
The eexplanation of the affair, of course,
is that David, who is a rather illiterate
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. 1t 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.
Didn't Expect any Dividend the First Year.