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THE series of papers upon the Chief Justices of the United States, which was interrupted by the desirability of recognizing the Marshall cen tennial and the appointment of a new Attorney General, is resumed in this present number and will be continued in its chronological order. NOTES.
THE jury ate up an important part of the evi dence in a case they were trying in the superior court at Atlanta, Ga., in which one of the issues submitted was whether certain almonds, the price of which was sued for, were of the quality con tracted for. The judge that presided at the trial has the humorous tendency that characterized the great judge whose names he bears and who was his grandfather,— Chief Justice Joseph Henry Lumpkin,—and in his judgment, refusing a new trial in this case he has, this to say : "Ha new trial should be granted in this case it can never be tried again exactly as it was before. Out of the almonds constituting the subject-matter of this litigation a small number were kept, and on the trial were submitted to the jury along with some almonds obtained from another shipment, for com parison. When the jury retired to their room for consultation the two small paper sacks containing these almonds were carried out with them. After some time they returned a verdict, but not the al monds. On inquiry the court was informed that as a part of their deliberation, and probably as a most conclusive mode of comparing the quality of the two samples, they had eaten both. In case of a new trial there are no more almonds for the next jury. It might be said that from an almond stand point the case is exhausted. Perhaps it would be better for the jury not to eat up the evidence, at least not all the edible part of it. A due regard for the palates of a possible future jury, in case of a new trial, if nothing else, might suggest the advis ability of only a moderate dégustation. It is quite possible that juries sometimes find a difficulty in
swallowing all of the statements made before them, and that if on some occasion a toothsome or succu lent bit of evidence is sent to the jury room with them, appealing at once to intellectual and gastro nomic investigation, the desire for knowledge may be stimulated to a point beyond deliberative mod eration." SENATOR WILLIAM B. ALLISON of ïowa has a better memory for figures and faces than for overcoats. Two years ago when President Mc Kinley passed through Iowa he was met at the eastern edge of the State by Senator Allison, Governor Shaw and other prominent people from the capital. The governor was accompanied by his body servant, William Coalson, a colored man with a remarkable memory for faces and for hats, overcoats and other articles of wearing ap parel. It was in the fall and the day was rather chilly. Consequently when the train reached Cedar Rapids and the program called for a short stop there was a general scramble for overcoats. Coalson was in charge of these as usual. He brought out a coat for Senator Allison but the senator refused to wear it. "That's not mine" he declared and that ended the matter. A member of the party prof fered a overcoat and the senator hurried up town and made a purchase at a clothing store. In the meantime Coalson was searching high and low over the car for the lost coat. Finding no trace of it and espying the one which the leader of the senate had rejected a happy thought struck him. He began to search through the pockets in hope of finding a clue. The first two or three pockets revealed nothing. But in an inside pocket he found some personal cards. He pulled them out and there in a plain script was the name. "William B. Allison." The president indulged in a hearty laugh when the joke was told him and Senator Allison had to confess that it was "on him."
