12
Green Bag.
to-day would suffice to set aside any verdict that resulted in such a case, besides subject ing the jurors to fine and imprisonment, then passed without comment. Ferhaps our fore fathers were worthy of greater confidence than we are now willing to place in the in tegrity of the average jurymen; or it may be, the litigants of those days were above di rectly tampering with justice through jurors. Overnight the members of the jury lodged in public houses, which then usually con tained very large rooms with sleeping accom modations for a number of men, separate beds being provided for each. These rooms were known as " many-bed " rooms, and were in much favor with jurors, who were thus enabled to continue in their chambers the discussions that had occupied them through the day. Out of this absence of judicial supervision of juries pending the trial, there grew up a new occupation for the talents of the practi tioner. From the nature of the services rendered, and the method by which the desired purpose was accomplished, the law yers employed in this line of practice were called "sleeping attorneys." The " sleeping attorney " was secretly re tained on behalf of one of the parties to a suit, and it was his business to secure lodging in the particular " many-bed " room occupied chiefly by the jurors, or a majority of them, sworn to try his client's cause. He usually found very little difficulty in gaining admit tance to the room, because, although known to be an attorney, he was not supposed to have any interest in the particular suit on trial. Thus, being established immediately with the jurymen, with some of whom he was not infrequently well acquainted, the possible value of his presence there is manifest.
When the candle was extinguished, the honest men would at once renew the debate in which from the time they left court they had been engaged. Frequently they would differ in opinion upon some question vitally affecting the result of the trial, and often their differences would be due to an ignor ance of the law appropriate to the subject in dispute. It was then that the usefulness of the " sleeping attorney " was put to test. This gentleman would permit his rest to be disturbed by the discussions of his fellowlodgers, and if he was appealed to, his opinion of the law (artfully adjusted to suit the exi gency, and of course always favoring his client's cause) was cheerfully given. But though his advice was not directly asked, he would not ordinarily refrain at opportune times from modestly volunteering it. His legal wisdom being recognized, and as he commanded a happier flow of language and clearness of expression than the ordinary juror, and had, besides, previously acquired a thorough understanding of the questions involved in the suit, it followed that the dis cussion was almost always brought to a close by an adoption of the " sleeping attorney's" views; and coming, as the jurors supposed, from one wholly unconcerned in the cause, this was but natural. But even though he failed to bring about the desired unanimity of judgment, the "sleeping attorney" was able to impress upon the jurors some principle of law. or expose some defect in the case of the adverse party, of which his colleagues took advan tage when the trial was resumed the next day; and in any event he was able to dis cover the weak points on both sides, and confidently guide his associates in the direc tion to which their efforts should be chiefly addressed.
