Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-09-19

we are told that when the law was with the plain
tiff, and equity seemed 10 him to be on the 9TH
er side, he was sure to pronounce in favor OF the
latter. The object OF the law being in all cases
to do justice, as between the parties, that must,
he said, be law which in any given ease conduct
ed TO that end. 1t was, at any rate, better to be
governed by a right principle than by wrong
decision.
At a court held in Charlestown n. H., soon
after Jeremiah Mason was admitted to the bar,
he put in plea Of demurrer, in case which
Benjamin West, an oracle Of the law, was EN-
ployed for the plaintiff West told the court
that he did not know much abou, demnrrers.-
He rather doubted whether they formed any
part of New Hampshire law; at any rate, it was
Of evil example 10 introduce so unusual a mode
of proceeding. The CHIEF JUsTIcE said -
"Demurrets we're no doubt an invention OF the
bar to prevent justice, part OF the common law
procedure, but he had always thought them
cursed cheat" One of the Associate Justices
said that the effects of demurrer, # te under
stood it, was TO take the case from the jury, to
be decided IN some question of law BY the Court"
"If that be so, replied the Chief Justice, 81 am
clean against it, as being fatal to the rights OF the
jury" But, your honor said Mr. Mason,
there are, in this case, no facts for the jury to
find" 80 much the better" replied the Chief
Justice "they will all the sooner bring IN their
verdict, If the facts are undisputed." Let me
advise you, young man" he .ded, "not to come
here with your new w-fanglcd law and, above
all. not to suppose that you know how 10 con-
duet suit better than Mr. West. You mnstuy
your cases as others do, by the court and jury"
Judge HARRINGToS, Of Vermont, common
sense but most unlearned Judge, is reported thus
to have defined demurrer: ~ demurrer, said
Harrington, "why, a demurrer, if understand
it, is where one party having told his story the
other party says tchdt Men?"
Mr. Plumers biographer narrates the follow
ing anecdote on the authority of Mr. Webster,
who was present in the court when the occur
renee took place MIR. Plumer was examining
a noted quack doctor, whom he pressed rather
hard, and from whom he could, at last, get no
other answer to his inquiries than, Il do not
know, sir" After this had been several times
repeated, the question came, Can you say,
Doctor, that, as physician, you know any ihing!'
Changing at once the tone of pretended igno-
rance with which he had answered the former
inquiries, he drew himself up to his full height
and said with great conf ience, II know, Squire
P,umer, as much Of medicine as you did of di-
vinity when you were Baptist preacher This
sally drew smile from court and bar, and seem
ed to the audience to be a very fair hit His
examiner said very quietly, "When found that
preaching was not my proper business had sense
enough to leave it. If you, Ductor, had pos
sessed as much you would have left off the prac-
tcc of medicine years ago, and saved me the
trouble OF exposing your ignorance and presunp-
ton in this case The laugh was now on the
other side, and the witness was dismissed crest
fallen and discredited from the stand
JoHN DUDLEY, of Raymond, trader and
farmer. was judge Of the Superior Court in
I 10 H.,
man of keen sagacity and strong common sense.
His mind was discriminating his memory reten
tive, and he was most extraordinary person.
He had but little education and no legal learn
ing. He was intent on doing substantial justice
in every case Theophlus Parsons said You
may laugh at his law aud rdcule his language,
hat Dudley is, after all, the best Judge ever
knew in New Hampshire" The following spec
linen Of the conclusion of one of the charges Of
Judge Dudley will illustrate his ideas Of the law.
He addresses the jury in somewhat after this
style;
You have heard, gentlemen Of the jury, what
has heen said in this case by the lawyers, The
rascals But, no, | will not abuse them. 1t is
their business 10 make good cause for their eli
ents they are paid for it, and they have done in
this case well enough; but you and |, gentle-
men, have something else TO consider. They
we want, but justice. They would govern us by
the common law of England. Trust me-, gentle
men, common sense is a much safer guide for
us the common sense OF Raymond, Epping, Ex-
eter, and the other towns which hive sent us
here to try this case between two of our neigh
bors. A clear head and honest hearts are worth
more than all the law of all the lawyers. There
was one good thing said at the bar. 1t was from
one Shakespeare, an English player, believe.
No matter; it is good enough almost to be IN the
Bible 1t is this, BE just, and fear not
at is our business to do justice between the
parties, not by any quirks OF the law out of Coke
or Blackstone, books that have never read and
never will, but by common sense and by COM
mon honesty as between man and mai That is
our business, and the curse Of God is upon US if
we neglect, or evade, or turn aside from it
And now, Mr. Sheriff, take out the jury, and
you, Mr.. Foreman, do not keep US waiting with
idle talk, of which there has been too much al
ready, about matters which have nothing to do
with the merits of the case. Give US an honest
verdict, of which, as plain common-sense men,
YOU need not be ashamed. - Boston Transcript.