Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-07-28
Judge Merrick Tells Them to Ascertain
the Market Value Of the Ground.

The jury of twelve summoned to appraise the
property OF those owners in the three squares
on Capitol Hill to be taken for the congress
iOnal library site who appealed from the award
of the jury of seven appeared in the jury box in
the Circuit Court room this morning. Judge
Merrick took the bench. Marshal Wilson,
Librarian Spofford and number of property
owners, attorneys and others interested in the
property were also present. District Attorney
WorthingtOn asked the court to instruct the
jury as to their duty. He submitted number
of instructions, to which the court assented.
These were substantially as follows:
That the twelve jurors must act in body;
a less number can only meet and adjourn, but
q majority can render a valid verdict.
AS to the measure OF damageS-Only the
present market value OF the property to be con-
sidered-no allowance to be made for expenses
Of moving or loss of profits or OF good will of
business.
the General Term in the McMenamin case is
The jury is not to give any weight to the sup
gress or to the verdict OF the jury of seven.
The Jury will meet daily, Sundays only
excepted, and to proceed without unnecessary
delay.
The court will instruct the jury further at
any time that the jury desire Information as to
IN Mr.. r. Perry, representing Mr.. ordway and
others, raised a number of points upon which
he desired the jury to be instructed.
Ihe court had sa,d in reply , TO Mr. 1h erry 1hat
Mr.. Perry was about to call attention to para
but Judge Merrick checked him, saying that
the jury had nothing to do whatever with the
Mir Perry then said he would like the jury
instructed to disregard not only what has been
said by Congress, but also what may have been
said by the first controller.
The court said the jury must disregard what
any body has said except the opinions of those
whose judgment they may ask to assist them
a ,;,,f, f1A oI.n
"Your duty" he said, turning to the jury, ''is
simply to ascertain, as tar you can, and
award to the owners the true market value OF
that land whatever that market value is.'
Mr.. Perry spoke of the market value OF land
being deprecated by ISLANDERS OF title, and
asked If the jury were TO limit the awards to
the market value in "a case where that value
may have been deprecated by the impending
condemnation Of the property for government
Judge Merrick repeated that the jury should
award what, in their opinion, the property
should bring at fairly conducted sale. The
court could not go into what the government
had done or had not done.
Mr.. Perry asked that the court instruct the
jury to consider the peculiar suitableness OF
situated as 1t was upon the Capitol park, and
to consider that in determining its value.
The court thought that the instruction to
ascertain the market value of the land was
sufficient.
and contended that damages incurred through
the necessity OF moving, should be considered.
The court remarked that when q man put his
property up for sale he was assumed to be in q
position to deliver possession.
He does not put 1t up" said Mr.. Perry. "The
government kicks him out"
The court understood Mr.. Perry to say the
government ''cheated" him out Of it, and re-
marking that the government did not cheat
misapprehensiOn by repeating his remark
Mr.. Worthington thought that Mr.. Perry's
language as he uttered it was not proper
The court thereupOn made some remarks
upon the rights OF land owners. Society," he
said owns the property, and each individual
held it subject to the will of society," II is q
great mistake, he said, to suppose that taking
property iOr public uses has any thing in 1t that
savOrs OF tyranny or arbitrary action II would,
he said, be an error TO award any thing for dam.
ages aside from the value OF the property, as
such AN award would be Furnishing the govern
ment as II 1t had committed an arbitrary act.
Mr. Totten called attention to the law which
said the jury should ascertain and assess,
1.-THE damages sustained by each owner by the
taking OF the land"
Judge Merrick said the Court In General
Term had decided that that meant the market
value.
Exceptions were noted by several attorneys
to the Instructions OF the court and the Jury was
then instructed TO proceed with their work
They at once left the court house and went to
Capitol Hill, where they continued the inspec-
ton Of the property begun yesterday.
Mi. Ordway and Messrs. Emery and Tullock,
trustees for ex-senator Cragin, yesterday with
by them, after the jury was sworn.
Judge Merrick allowed the appeals to be
Withdrawn. a. the district attorney offered no
objections,