Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1857-09-12
.xrcDoTEs OF THE BAR

ANECDOTES OF THE BAR
W. have receutIy met with several legal anec-
fotes in the Life Of WjlliG1 Plxn edited oy
TIE Rev. Dr.. A. p. Peabody. of Psgtsmoofh H
Plumer was admitted 70 the New Hampshire - "
1857 when the administration Of the h~ Was very
different from what It Afterwards became The
judgments Of the courts Of New Hampshire At that
day were based rather upon that system OF local
Ia1 to which the circumstances Of the country and
the genius Of the people had given birth than upon
the principles Of English lav. Most Of the judges
were not members Of the legal profession, and da-
ring the Revolution neither Of the two persons GIL
ing the Office of Attorney General were lawyers!
Samuel Livermoge Was Chief Justice Of New
Hampshire from 1854 to l7sO, and though breo to
the Law not inclined to attach much importance
to precedents or to any merely systematic or tech
meal rules Of proceeding In one Of his charges he
cautioned the jury against paying too much atten-
ton to the uceties Of the law to the prejudice of
justice" He was himself little governed by prece-
dentx When once reminded Of his own previous
decision, IN = similar case, he made no attempt to
reconcile it with his present ruling, but dismissed at
once the objection, with = familiar proverb, Every
tub must stand ON its own bottom" He once dec'-
ded that the English law reports of date prior 20
the declaration Of Independence, might be cited IN
his court not as authorities, but enghteni1g oE
their reas0nings the judgment of the bench but that
with English reports since independence was deciar-
ed we had absolutely nothing to do!
Josiah Bartlett, physician, was Mr.. Livermores
successor as Chief Justice OF him are told that
when the law was with the plaintiff and equity
seemed to him to be on the other 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 case conducted to that end. 1t was, at any
rate better to be governed BY right principle than
by 4 wrong decision
At court held in Charlestown, n. a., soon after
Jeremiah Mason was admitted to the bar ne put IN
= plea of demurrer, in case in which Benjamin
West an oracle of the law, employed TOR the
plaintiff West told the Court that he did not know
much about demurrers- He rather doubted wheth-
er they formed any part of New Hampshire law;
at any rate it Of evil example to introduce so
!, unusual a mode of proceeding. The Chief Justice
said :: " Demurrers were no doubt an invention OF
the bar 20 prevent justice, part OF the common
law procedure, but he had always thought them a
cursed cheat. One of the Associate Justices said
"that the effects of demurrer, if he understood it,
was to take the from the jury, to be decided on
some question of law by the Court" IS If that be
So" replied the Chief Justice, 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" So much the
better" replied the Chief Justice, they will all the
sooner bring in their verdict if the facts lndis
puted-" Let me advise you, young man, he add
ed I" not to cot ne here with your new-hngied law;
and, above all, mot to suppose that you know how
to conduct suit better than Mr.. West You must
try your others do, by the court and jury.
Judge Harrington of Vermont, comnlon-sense
but most unlea,ned judge is reported thus to have
defined demurrer: IS demurrer" said Harring-
ton, "why, demurrer, if understand it, is where
party having told his story the other party says
chat then ?"
Mr. PIumer's biographer narrates the following
anecdote ON the authority of Mr.. Webster, Who was
present in court when the occurrence took place
Mr.. PIumer examining a noted quack doctor,
whom he pressed rather hard, and from whom he
could at last, get other answer to his inquiries
than, 81 do not know, sir.r After this had been
several times repeated, the question came, Can
you say, doctor, that, physician, you know any
thingT Changing at once the tone of pretended
ignorance with which he bad answered the former
inquiries be drew himself up to his full height and
said with great confidence, I" know, Squire Plum
er, IS much of medicine You did Of divinity when
you we're = Baptist preacher" This sally drew =
eDce to be very fair hit. His examiner said very
quietly. When found that preaching was not my
proper business had sense enough to leave it. If
Joa, dOctos, had possessed As much you would have
Ia of the practice Of medicine years ago. and saved
me the trouble Of exposing your ignorance and pre-
sumption in this case" The laugh was now on the
other sde and the witness was dismissed erestaIlen
and disaedited from the stand
John Dudley, of Raymond trader and farmer,
was judge of the Superior Court In New Hanp-
shire from 1875 to 1877. He was q man of keen
ssgzeity and strong common sense His mind was
discriminating, his memory retentive, and he was
most extraordinary person. He had bot little edu-
cation and no legal learning He was intent on do
ing substantial justice in every case Theophilus
Parsons said: You may laugh at his law and ridi-
Guile his language bat Dudley is after all, the best
Judge ever knew in New Hampshire" The fol-
lowing specimen 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:
IS You have heard, gentlemen of the jury, what
has been said in this case BY the lawyers, the ras-
eakl Bot, no, will not abuse them 1t is their
business to make good cause for their clients they
are paid for it. and they have done in this case well
enough but you and i, gentlemen, have something
else TO consider. They talk Of law. Why, gentle
men, It IS not law that We want, but justice They
would govern Us by the common Law of England
Trust me, gentlemen, common sense is . much safer
guide for US; the COMMON sense of RAYMOND Eu-
ping, Exeter, and the other towns which have sent
rs here to try this case between two Of our neigh
bors- A clear head and an honest heart 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 mat
ter 1t u good enough almost to be in the Bible 1t
ls this, Be just, and fear not
- our business 70 90 justice between the parties,
not BY any qurks Of the law out Of Coke or Black
stone, books that have never read and never will,
but by common sense and by common honesty az
between man and man. That Is Cur business. and
the curse OF God is upon if we neglect, or evade
or turn aside from it And now, NJ. Sheriff. take
out the jury, and you, Mr.. Foreman do not keen us
waiting with idle talk of which there has been too
much already, about matters which have nothing tn
do with the merits of the case Give us an hons.
verdict Of which, as plain commoa-sense men. Won
need not be ashamed"
Boston 7ranscyipt
The SLAVE TRADE IN CuBA-The slave trade