The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1882-05-12
Trying His Own Case.
How He Got on theJury-An Incident In the Now
York Court of Common Pleas

York Court Of Common Pleas.
An incident that Is probably without
q parallel in the records of Jury trials in
any country took place at tho February
term of the court of common pleas In
this city. At trial term before Judge
DAILY, tho 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 jury in regular form. Rich
ard S. Newcombe, law partner OF OK
Judge Cardozo, appeared for the plain
tiff, and cx-Judgc A. j. Dittenhoefer
for the defendant. The drawing of the
jury progressed very rapidly. while ex-
Judge Dittcuhoefer 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 q 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 a 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 il they were facts. He sent his
law-clerk 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 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 ono 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 to go on with the
case now. Can't you. as favor TO ME,
| lot il 90 over to next term?"
| Will cNluCub
replied sharply: "No, 1 can't do it; the
ease has got To be tried now and here.
You've been hanging it up and holding
it Off long enough, and my client is i'm
patient. He wants his money, and he
thinks already that I'm not pushing the
ease. No, it's got TO go on"
cit can't go on now." replied Often
hoefer.
"Oh, but it can, though, and it must
90 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 OK.
| Judge with some show Of decision In his
voice. Newcombe looked rather indig.
nant, but, before he could say anything
more, Dittenhocfer'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-judgo, said eagerly: "What dc
you mean-you don't mean to say you
we got friend OH the Juryp"
Il do" said the other, land can dc
pend on him to stand by my client
Newcombe turned to the jury, and will
his keen black eyes scanned their face
quickly but closely, and in an instan
dropped back into his chair, utterly
dumbfoundcd, rs he recognized Davit
among them. There was quiet laugl
between himself and the eX-judge, ant
then Newcombc asked, '.How did III
get THEREOF IL haven't the remost idea, '
replied DittcnhOefer Il was more sur
prised than you arc when saw hin
there" The two lawyers held a con
sultation with Judge DAILY, and as a 70
suit the jury was dismissed, and the cas-
went over for trial at the March term.
When David came from the jury-bo'
to where his lawyer was seated, tho ex
Judge asked him why he went into tn,
| iury-box. why? They called my nam
and told the jurors to take their seats il
the box. and l did So" Don't vol
know better than that?" asked the law
yer. "Do you suppose you could g
there and give judgment in your owl
case9" II do" replied David, "becaus'
guess know more about 1t than tn
other jurors do"
The explanation of tho affair, of course
is that David, who is rather illiterat
Polish Jew, is u citizen, and Is on tn
jury panel of the court of common pleas
and his name happened to be drawn TO
tho jury that was to try Blumgar'
against David without the clerk or any
one else noticing that the names Of tn
men were identical. 1t is, perhaps
proper to state that at the March tern
trial of the case David did not get Of
the jury, and Blumgard recovered judg
ment against him.-New York Times.