resources, caution in assuming obligations, and an excellent knowledge of human nature in the selection of officers and crews. The peculiar features of the business gave rise to peculiar usages and methods of procedure; and the lawyer who looks for the first time within the covers of both Sprague and Lowell's Reports finds many a case decided upon equitable principles which offer no parallel to anything he gleans from other adjudications or experiences in his practice. Not alone, therefore, as a physical enterprise did whaling occupy a unique position; in its commercial features it was without example.
Now, as already stated, the difference was over some oil, and the claims of the respective litigants called attention to the methods employed in the active prosecution of the business, and, to a certain extent, to the contingent rights of the co-owners of the vessels, and to the practice relating to the disposal of the merchandise and the division of the proceeds. It may be that in his desire to do justice the old merchant went too far, and endeavored to enlighten his hearers by dwelling upon facts not presented by the evidence, although well understood by him and his merchant friends as necessarily attending transactions in the business. Persuasion proved fruitless; the eleven were inexorable. Forty years' experience was an argument of no weight in their estimation. The result was a disagreement, and the jury was discharged.
New Bedford is about fifty-six miles distant from Boston, and communication between the cities is rapid and easy. The morning after the disagreement the dissenting juror took the train for the last-named city. The late plaintiff happened to occupy a seat in the car which the merchant entered. The latter sat down with the disappointed litigant, and the two entered upon a discussion of the merits of the case.
"I want thee to understand," said the merchant, who was a member of the Society of Friends, "that I am the juror who prevented thee from getting a verdict. I was not influenced by my opposition to litigation in general. I was convinced that thee was in error, and that the suit should never have been brought."
The late plaintiff did not appear to relish this announcement, but he paid his companion courteous attention. The latter was as dispassionate and lucid as he had been in the jury-room. The listener gradually relaxed. He soon saw the pertinent bearing of points in the case which he had formerly ignored. At last he frankly acknowledged that his companion was justified in his adverse judgment. Rising from his seat, he went into the adjoining car, in which the defendant was seated, and extending his hand observed that he had come to discuss fairly and impartially their suspended controversy. The result was, that before the train reached Boston, the suit was amicably settled, and to the advantage of the defendant.
