WEST EOXBURY PARK. 101 



As it will be of interest to know how the comt re- 

 gards certain points in evidence, I will here copy, ver- 

 batim. Judge Brigham's charge to the jury, on testi- 

 mony of values, as ibllows: "The prices which the city 

 of Boston may have i)aid for any land in the pai'k does 

 not furnish appropriate oj- peitinent evidence of the 

 value of the land of the petitioner taken. The law does 

 not regard sales made to avoid the vei'y pi-0(.'eeding 

 which has been going on before you, as curient market 

 sales. A sale by the owner of land, lor which theie can 

 be one purchaser only, when he has no option to refuse 

 to sell, and can only elect between an acceptance of the 

 price offered and the uncertainty, delay and trouble of 

 legnl pi'oceedings, is not a reasonable oi- lair test of 

 market value. It is in no sense a sale in the market.'' 

 To which instruction the city solicitor excepted. 



On the 17th of March the two important points were 

 argued before the Supreme Court. On the bench were 

 Judges Morton, Allen, Devens, and Holmes. Mr. 

 Storey's argument was on the stay and airest of judg- 

 ment. By the city solicitor, on the plea that Newstead 

 was barred by limitation, consequently out of the juris- 

 diction of the court. Mr. Morse's argument was on the 

 exceptions. AVhen they had finished, Mi-. Bailey made 

 his plea on both and all points, in which, by his nsuai 

 effective and methodical way, he drove his arguments 

 lustily into the ears of the court, which was apparently 

 unmoved by his eloquence. 



And here the case rested for some months, awaiting 

 the uncertainties of the law and for the decision of the 

 court and final rescript. Meantime no mercy can be 



