Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1845-01-17
From the Knickerbocker for January.
THE BENCH AND BAR OF VERMONT



There are many excellent stories of the
Bench and Bar of Vermont, very current
among the good people Of the State, which
however do not remember to have seen in
print and which dare say are little known
abroad. Some of these | shall here set
down precisely as l heard them from the
mouth of an old lawyer, who is well known
as the Nestor of the gown and wig of Yer
mont. If it should turn out, as it often hap
pens in matters of this Sort that any Of the
incidents here related shall be claimed to
have occurred somewhere else, 10 the honor
Of some other of our sovereign States, beg
leave TO declare, according TO established
usage, that any such pretension is wholly
unfounded, and that any versions different
from my own are altogether apocryphal.
1t was formerly custom in Vermont, al
though now little practised, for lawyer,
when promoted to the dignity Of the bench,
to follow up his old retainers; and ac-
cordingly whenever case came on in which
his Honor was concerned as counsel, he
Immediately dotted the ermine, resumed the
gown, and battled away among the attornies
in the old style. Apropos of the metamor-
phose in question; a story is told Of Judge
Chase, now many years deceased. The
judge was a man Of very ardent tempera-
ment, and in debate was exceedingly yehe-
ment and vociferous. In an important cause
he was making the closing argument to the
jury, and with much warmth and earnest
ness Of manner, insisting on verdict for
the plaintiff A friend of the defendant,
who had been listening to the concluding
part of the attorneys address, and who sup
posed he was acting in his Judicial capacity,
ran out of the house. declaring that he new
er saw such abominable partiality in his life.
Meeting the defendant in the street, he told
him he might as well go home at once, for
the Judge had charged has case to the deoil,
and the plaintiff was sure TO recoverp
Judge Chase was a man of excellent
sense, and withal great stickler for the
dignity Of the courts. A case of very tri-
fling importance. having well nigh run the
gauntlet Of legal adjudication, came up at
length to the highest court in the state
The counsel for the plaintiff was opening
with the usual apologies for frivolous suit,
when the subject-matter, 80 wit, one turkey,
of great value etc., catching the ear Of the
Judge, he called out MIR Clark, strike that
case from the docket /; the Supreme C0ur. Of
the State of Vermont does not SIT here to de-
termine the oicnership of a turkeyP
There lives in the northern part Of the
State lawyer and ex-iudge, who is very "a
nous for his wit He has kept respecta-
BILE law school at his chambers, on and off,
for the last forty years and is still teaching
the elements of his profession to knot Of
legal limbs having survived several suits
began with his remembrance in the English
chancery, and arrived, through an honora-
BILE career, to the advanced age Of eighty.
six. Many instances Of repartee are related
of the old Judge, which for genuine cpl.
; grammatism are scarcely inferior to some o.
the best of Piron and Talleyrand.
When apractising attorney, many years
ago, he happened, while arguing question
OF some difficulty, TO illustrate point in hi:
case by pretty free use of the vocabulary
of the card-table. The presiding Judge ab
rupty inquired what 'he meant by address
! ing such language TO the courtP
Il meant, your Honor, to be understood,
was the reply.
{, On another occasion, Judge, vexed will
the difficulty, or irritated by the insignif
canoe, of a cause which = was con
Quoting, cried out Sir, why do you bring
, such case as this into court2' Because
, your Honor replied the barrister, I'VE dom
choose that honest men should have any
! thing to do with it,
In the early days of Vermont jurispru
dence, the strict decorum which now yer,
generally distinguishes the New England
bar was comparatively unknown. Nothing
was more common than sharp alteration.
between the Bench and the Bar; suci
wranglngs indeed as would now be deemed
contempt of court were they to occur on
ly between lawyers themselves. On one oc
casion Judge T., who was then plair
Esquire had addressed sound argument
to the court, and sat down. The Judge, who
chose to argue the question rather than de
eide it at once, replied in feeble argument
which the lawyer in his turn demolished
The Judge reioined by repeating, without
any material variation, his first reply anC
then closed the pleadings' by an adverse
decision. Your Honor's two arguments,
said r, addressing himself partly to tn,
! court and partly TO the bar, remind me o
story. A foolish old woman in Connect
cut, being one evening at a party, wal
} greatly at loss for something to say. A
. length she ventured TO inquire of gentle
man who sat near her, whether his mothe
had any childrenP The gentleman polite
y pointed out the absurdity Of her inquiry
! 4 beg pardon, exclaimed the old lady, per
} ceving her mistake you don't understand
me; / meant to inquire whether your grand
mother had any childrenr
remember an anecdote of Judge o.
~ 4