The Green Bag
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the forties and early fifties of the last
wanted to know if they were to decide
century.
the question of damages! Well, rather. The majority must agree. The matter had been practically accom
Other witnesses were the chiefs of police and fire departments, and the mayor of the city. But there was no fight or legal con
test.
Everything was harmonious. The
array of legal counsel, including the
corporation counsel, was assisting genial Reuben Smiley to make his case. It was carefully explained to the jury by the lawyers and the judge that there was no controversy, now that everything
had been satisfactorily agreed upon.
The testimony made it clear that the Kicker block people were damaged con siderably over three thousand dollars. It was shown that there was no objec
tion in any quarter to the payment to them of this sum and that this had been
plished for them. monious.
Everything was har
A disagreeing minority could
be ignored. They were satisfied and were sent back for further consultation. Again everybody waited. Meanwhile the lawyers joked and told stories. Lawyer Smiley was humorously twitted at the possibility of being beaten. How ever, nobody thought of such a thing.
The story was told about Lawyer Harvey Butterfield trying a breach of promise case before a jury, the defend
ant failing to appear. As Harvey told the story on himself, he put in his testimony and was about to submit the case without argument, certain of a
agreed upon.
verdict for the full amount.
But, it was necessary pro forma for the jury to find the verdict of damages by a majority vote and to find the neces sity for a public alley by a unanimous
however, suggested that he had best
vote. And the jury were so charged and given a long typewritten verdict
carefully describing the property of each
The judge,
make his argument and explain the situation to the jury. He did so, and the jury brought in a verdict for the absent defendant. Other stories were told, some not over nice. But it was a hopeful sign that the most objectionable stories were told
owner, giving each damages of one dollar (with which they were content),
by the oldest lawyers—those retired
except that for the Kicker block owners
from practice.
damages for three thousand dollars as agreed upon were inserted.
And the jury took the prepared ver dict and departed in charge of an officer for a supposedly brief consultation.
The lawyers waited.
The jury sent word that they wanted to come back for further instructions. But the judge was getting impatient at the delay and apparent perverseness, so
he had the officer tell the jury he would
So did the judge.
not let them come, that he had given all
Time was passing. There must be trouble
the information he could. The oflicer was told they wanted to know about the
in the jury room. But what could there possibly be trouble about? There was only one thing to do. That was to sign the typewritten verdict that everybody had agreed to. Presently the officer returned, saying
signing. They were told. Again there was waiting.
the dinner hour.
It was past
So everybody went
to dinner, and the jury in charge of the
the jury wanted further information.
ofi‘icer had its dinner at public expense. After dinner the jury took another
He was told to bring the jury back to
hour for consultation.
the court room.
ently a warm controversy in the jury
The jury came. They
There was appar
