The evening times., 1896-09-09

important decision in q ceriorar case
as to the right OF a justice OF the peace
TO instruct jury in Il agistfate's trial
Several months ago John a. Adrians
sued Fannie Johnson for the sum OF S299.6
The original suit was filed with Justios
Stryder, and Adrians asked a jury trial.
The edefendantinquired ifthe justice would
instruct the jury, and when inforIncdv he
wouldnot, a change OF venue was ,aken 20
the court of Justice j. B. Church, on f
street
After hearing all the evidence, Justice
Church Instructed the jury that the plain
Tiff had made out no case, and they accord
ingly rendered a verdict for the defend
ant.
Adrians then filed a petition in the
circuit court for a writ OF certiorari to set
aside the verdict on the ground that Il
justice OF the peace had not the authority
to instruct a jury.
Counsel for the defendant contended that
magistrate could instruct a jury, as he
had concurrent jurisdiction.
HIS VERBAL OPINION.
Arguments were heard by Judge Cox
Saturday, and this morning he delivered
a verbal opinion, i'll which lie sustained
the writ OF certiorari and held that a Jus
tice OF the peace had not the authority to
instruct jury.
THE present petition for writ of
cerliorari," said he. lis different from
others, in that it is not In the nature of
ali appeal 10 bring up the case to be heard
again on its merits. but to set aside a
verdict OF an Inferior jurisdiction, be-
cause OF alleged Irregularities
He then proceeded to show the power
and authority OF Justice of the peace
He stated that before Congress assumed
control over the District there was no such
thing as jury trial before justice of the
peace in the District. ..-..
When Jury trials began before justices
it was understood that the magistrate
should control the proceedings. preserve
order, and see that the evidence was prop
erly given But it was distinctly under
stood that he had not the authority to set
aside the verdict of the jury. There was
no discretion as 10 whether be. Should or
should not grant jury trial.
1t was mandatory upon him to do so IL
demanded by either party to the suit.
and having granted a Jury trial he had
no authority 10 set aside their verdict
No RIGHT TO INSTRUCT.
THE right to set aside and the right to
instruct seem to 60 together. II they
had no right to set aside a verdict they
surely have no right to instruct as TO the
verdict
II, therefore, anI of the opinion that in
instructing the jury there was an irregu-
larty,"
He said it then became Il question TO
how the irregularity was to be dealt with.
He decided that the writ OF certiUraFi
was the proper proceeding in the pres
eut case. but stated that that opinion was
with qualification. To sustain the writ it
must also be shown that an injustice has
been inflicted upon the plaintiff by the
MA gistrate's decision.
III the testimony before the justice of
the peace had been adduced to writing.
could then tell whether an injustice had
been done the plaintiff, hut as this has not
been done, will receive affidavits as to
the evidence, and shoUdit be found that the
plaintiff has been injured b the decision, |
will set aside the verdict"
Adrians win at once proceed TO file the
necessary arfidavits. but it Is said the case
viii go to the court OF appeals for final
decision.
SECOND TEST CASE.
Another case of certiorari involving a
trial before a justice of the peace was filed
this morning by the Capital Traction Com
pany against Charles Hof.
Last month Hof sued the Traction Com.
pany before Justice o'Neal for $500 dam
ages because of an alleged injury while he
ing elected from a car. The case was set
for August 90, but was later postponed 70
yesterday afternoon, when Hof demanded
jury trial, which Justice O'Neal granted
The Capital Traction Company, in its
petition, says that Hof had already en-
tered his plea. and issue had been Joined
thereon before he asked jury trial.
The company claims that such jury trial
is intended to subject the tition er, +,
without appeal, to 4 form of trial before
a justice of the peace, which is unknown
to common law aud which is Illegal and
unco Institutional.
Taking the ruling of Judge Cox OF this
morning as q guide, the petition sets forth
that the justice has no right TO instruct
the jury or set aside its verdict, and such
verdict is also final and not subject to
appeal. They, therefore. ask writ OF GER
tiorari be issued to remove the case from
the justice of the peace into the distric,
court for trial.
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