94 HISTORY OF THE 



If th(j jurymen are governed by the rule of equity, 

 their decisions are easily made, because the average of 

 all the evidence offered settles for them the amount of 

 the verdict, in most cases; but the chances of obtaining 

 justice, when law and evidence is not the rule, becomes 

 doubtful. 



By the strict definition or interpretation of the law 

 governing jury trials, I read the law thus: "A jury 

 is required to try any matter of lact and declare the 

 truth on the evidence given them in the case, accordinij: 

 to the averag(,' testimony offered.'"' This being the rule 

 and the law, it becomes a ])\iun and simple duty so to 

 act, and nothing more can be required of them. 



It does, however, seem to me that different causes re- 

 quiring the experiences of different business trans- 

 actions ought to be considered in empanelling a jury, 

 to secure practical judgment. 



After the labors, anxieties and annoyances running 

 through several months in the preparation of my case 

 for trial, the tedious coui't experiences and large ex- 

 penses, a very unsatisfactory verdict is finally arrived 

 at, it being .f 150,000 less than I had a right to exi)ect, 

 which in a word was at least $100,000; still the dis- 

 agi"eeal)le I'ecollection of the suit comes np, and weari- 

 ness not willingness leads me to accept the unrighteous 

 vei'dict, rather than suffer another such ordeal; not 

 doubting that the city government would rejoice over 

 their victoiy, and render to me speedy judgment, but 

 instead of that they petition for a stay in arrest of judg- 

 ment and file a bill of exceptions, simply to delay and 

 block the wheels of justice, and thus to annoy and per- 

 plex, intending to wear out my patience; but they will 



