Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-17
LEvITY In TnE COURTROOM.
A Plaintiff Conducts His Own Case
One of II A~unOyanccs u Judge
Must Endure. |

A Plaintiff Conducts His Own Cas-
One of the AunOyanccs u Judg,
Must Endure.
Quite q good deal of laughter was 90
cssioned in the District Court yesterday
morning during the hearing Of the case o.
Martin Purcell vs.. the E. and P. Railroad
Company. II appears that some time age
Purcell delivered at the railroad consider.
able wood, the company to pay q stipu'
lated price per cord for it as they ere.
ceived ID. The wood was not received as
quickly as Purcell thought it should be,
and the matter ended in a suit, he suing
the company for the full value Of the pile,
some 81, O57 in all. The case came on for
trial yesterday in the District Court, and
after the converting Of that body John
Baker, attorney for Purcell, stated to the
Court that for various reasons, which he
gave-much to the amusement Of all pres
ent-he desired, first, to withdraw from
the suit, and, second, to ask that the hear
ing Of the case be postponed until the
plaintiff could procure other counsel.
Baker was excused, and Purcell stated
that he wished the case tried ct once, and
that he would "stand on. his own leather"
and act as counsel for himself. The i'm
paneling of q jury commenced, and Pur.
cells questions TO the bers occasioned
q good deal Of laughter, his principal one
to each being. "Are you a railroader "
After a jury had been passed upon by both
parties, Purcell said the first witness he
wanted to examine was B. Gilman, super
i%ntendent Of the railroad. Hereupon the
-.. 4 ,.,k - kln aOvrArnAp,
and was not able 10 return until just
before the argument OF the case, when
John Baker arose and said to the judge:
ct cannot bear to see Mr.. Purcell being
taken advantage OF by the opposing coun-
sci, and though he has said hard things
against me, in the great leniency of my
heart I again return to the assistance of
my old client" The Judge remarked:
Z" This is trifing with the Court, Mr..
Baker, and I will not recognize you In the
case" The argument was brief, and the
jury, the case being submitted to them.
returned. whereupon Judge Rives asked:
Gentlemen, have you agreed upon a YER
dict 2" The foreman answered, Yes"
and presented it to the Judge, who, in
turn, passed 1t to Clerk Andre. After
fling it the Clerk read: MARTIN Purcell
vs.. the Eureka and Palisade Railroad
We, the jury in the above en-
titled case, do find in favor Of the plain
tiff in the sum of $50 rs. Luther Clark,
At this the Judge asked Coun-
selor Purcell if he wanted the jury polled.
"And what's that?" asked Purcell.
i" That is," said the Judge, "do you want
to know how the jury stand-who were
in favor and who against the verdict as
rendered p "Yes, I want to know what they
did," Said the Judge: "The Clerk will
call the names OF the jury, and each OF
them will answer : yes or mo- as to how
stand, pro or con-" All the members
answering eyes," the Judge announced
that the jury was unanimous in the YER
dict rendered. "But I won't have it; /
won't have IT," "But you must have it,"
said the Judge, 1T is the unanimous yer.
dict of the jury. You have an alternative"
the Judge, (which is to engage
a lawyer and either move for a new trial
or appeal The case"
The verdict was really against Purcell,
IS it appeared the amount of $3.50 Is had
been offered him by the railroad company
for wood received, but he refused to accept
less than the amount sued for.