The evening times., 1895-10-29

One of the curious Old customs banded
down to the District OF Columbia from the
colonial days is the practice OF giving q
jury in all civil cases tried before the upper
courts, So, besides their regular salary OF
So per diem.
This quaint custom extends back farther
than the memory of the Oldest practitioner at
the bar. None of them remember how it
started, yet all are aware that IT has been
done before their time.
In every civil case tried in this city, ii tie
plaintiff wins the attorney promptly hands
the foreman of the jury 81, and If the de
fehdant wins, then the attorneys on that
side shells out the money. The custom Is
supposed to have originated during colonial
days when all debts We're payable IN
tobacco. When il was decided to make
Washington the permanent Capital OF the
nation a great many, and, In tact' nearly
all of the laws of Maryland Were adopted
to guide the affairs OF tie District IN the
straight and narrow path OF the law, anu
this is supposed 10 have come in ut mat
time. so
is thought by many lawyers that the y
reprcsented in the old times So many pouhuS
of tobacco ard that the equivalent OF the
weed i'll money amounts TO shilling, or
1852 3 cents to each Of the jurors
LAW BY LONG USAGE.
Whilethere is no statute in which this fact
is recorded ii has become so much OF a
law by common consent that it is nest re-
Iieiously observed by the barristers OF the
District bar
As Jurors in all civil cases in the District
are compelled to serve one month, unless ex-
,uset by the court, it will readily be seen
that in many instances this amounts To
quite snug little sum at the expiration
OF the thirty day term OF service.
In Justice Coles court, where the APP
neal eases from justices OF the peace are
heard made possible only by a recent act
of Congress, as many rs thrceand four cases
are heard a day, and in each Of them the
Jury is entitled to the extra $2. The
money is handed to the foreman of the jury
who turns it over to the jury treasurer
who in turn keeps it until the discharge Of
the jury from further service.
The usual way OF disposing OF the amount
accumulated is TO purchase a present for
the presiding judge, and in remembering
the attaches of the court in some way
Seldom, indeed, though. is the money all
expended i'll that way, and the remainder
is equally divided among the members
of the panel.
Many amusing incidents have occurred
through this practice and the fact that the
men composing the jury had never served
before. In one instance the jury In quite
a celebrated contest did not understand
the case, and after thev hal rendered Is
verdict in favor of the plaintiff, the
attorney for that side went up to theforeDan
and proffered him the usual amount. The
case in question had been long drawn out,
and both the counsel and the jury were " orn
out.
THOUGHT HE WAS BRIBED.
When the offer of money was made, the
foreman, who by the way, was South
ern gentleman, Indignantly declined to re-
ceive 1T, and after expressing his idea OF
the methods of the lawyer, in rather
forcible language, went to the judge and
told him of what he termed an attempt
TO bribe him. The court promptly ex.
planned the custom to the irate Southerner.
The gentleman then hunted up the attorney,
apoIogized to him, and got his money.
The incident in the diplomatic language
of the State Department, was then "cor-
sidered closed" but even to this day
there Is q marked GOODNESS between the
attorney ana the foreman OF that jury.
In criminal and United States cases the
extra consideration is never given. One
very prominent attorney had the hardi-
hood TO say that he did not know why
was "because the Government never paid
anything" To show the hold this relic
of former days has on the attorneys here,
it may essaid that in all suits in which
the District of Columbia is interested the
extra compensation is given whenever
the District side comes out on top.