WEST KOXBURY PARK. 85 



a mistake, for the verdict was substantially a com- 

 promise, a splitting' of the difference. 



The mannfactnrer sned for the use of mechanism that 

 he believes does not infringe another's rights, gets poor 

 encouragement when he faces a jury of hod carriers, 

 dry goods clerks, teamsters, idlers and numbsculls. He 

 ought to have twelve men versed in mechanics to settle 

 the dispute, or as near such a list of qualiiied auditors 

 as the country would afford. So, too, the banks, the 

 brokers and merchants ought to have a jury who would 

 be considered in the open market at least fairly com- 

 petent to weigh the evidence. 



It were time we cut loose from the ways of the Pil- 

 grims in this conduct of our business, and adopt a sys- 

 tem conforming to the progress and advance of the 

 people. Intelligent jnry men will save a waste of words 

 and eloquence, expedite business and facilitate justice." 



I must apologize for the apparent but unavoidable 

 rej)etitions that occur in this narrative, on account of 

 so many letters, delineating this case of litigation, where 

 the attainment of hixury, and not utility, was the chief 

 object to be gained. But I must still crave pardon of 

 the reader while I summarize some of my experiences. 



Nearly six months of constant labors and perplexing 

 thoughts brought us down to the 17th day of May, 

 when I had the last hopeless intervicAV with the chair- 

 man of the park commissioners. Many suggestions were 

 offered, and among them I requested that three compe- 

 tent referees be appointed, but on the 12th of June the 

 cit}^ solicitor leported to my counsel that the commis- 

 sioners would not consent to a reference, pi-eferring, it is 



