Page:The Green Bag (1889–1914), Volume 22.pdf/233

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The jury had the Last Say S0 continuance after continuance was agreed upon until a dozen or so more were reeled ofi. Sometimes there were intervals of several weeks, or a month, at other times longer. The jury was told not to appear again until specifi

cally called.

Occasionally a juryman

would appear to find out when "that case" was going to be tried, if ever. It was an unfinished job that got on the nerves. The matter ran along. Some of the jurymen wanted to go away for a

long period or indefinitely, and were permanently excused.

It had come to

be a béte noir to everybody who had

215

coming to a climax. Or was it an anti climax? The jury panel was again completed. The judge and the rehabilitated jury again "viewed the premises.” The numer

ous lawyers were on hand.

There was

an array of witnesses. The court room was filled to overflowing. While wait

ing to get started, the judge, to impress the multitude, ordered about the dapper clerk whose dandified appearance be trayed his French origin. The real “oldest inhabitants," of prominence, too,

were present to tell about the time honored use of the “alley.”

either interestedly or disinterestedly any connection with the case. In the meantime, the real contesting parties—the Kicker block people, and

There was Uncle Jonathan Mason, tall, powerful, unwrinkled, clear eyed,

the

and

ninety, though apparently hardly in the

Councilmen for the city-were presum ably, and no doubt really, in a desultory

three-score-and-ten class. And Deacon Franklin Leisure, not far

bargain-and-sale way, trying to get together. After a couple of years or so every body had practically come to a common agreement as to terms. Then one of the presumably little interested property owners got a new lawyer, who kicked

behind Uncle Jonathan in years, sturdy

corporation

counsel,

mayor

over the whole business. So there were more continuances until this lawyer could thoroughly investigate the case for his client. But he finally found his client had nothing to contest.

Then the old "practical agreement" of the parties was resumed, and after a

few more continuances for good measure, a day was actually fixed for the real final conclusion of the trial.

The long

sufiering jury-what was left of them—

who had been a leading citizen for sixty five years and was now bordering on

and hale, living up to his name since his retirement, though “of counsel" in the

case at bar in which he was also a party as an abutting owner. Colonel Ezekiel Strong, also in the

four-score class, vigorous and keen appar ently as when a gladiator and rival of the commonwealth’s foremost statesmen who crossed the river a generation ago. And Elder David Kent, another re

tired barrister, who left his home city for a score of years to accumulate that wherewithal which he now so liberally distributes as public benefactions. With him was Judge Harmon Lucas, yet lack ing a few months of eighty but still in the harness.

Last but not least, except in age,

they were seven-were summoned, to

was General D. D. Growem. Though a

gether with five talesmen to complete the panel. To be exact, it was the twenty-seventh

veteran of the Civil War, years sat lightly

continuance. And the trial!

Well, the case was

on him, no doubt because of his medicinal

interests, which perhaps contributed also to the longevity of his compatriots. All these were leading citizens since