Litchfield enquirer., 1857-08-13
A New Hampshire Judges Charge.


 son. William Pluner, Jr.. is the following account of John Dudley, of Raymond N. H., who was a Judge Of our Superior Court from 17S5 to 17G7 =
 Ihls extraordinary man, who was for twelve years judge of the Superior Court, had not only no legal education, but little learning of any kind. Bat he had discriminating mind, retentIye memory, patience, which 10 labor could tire, an integrity proof alike against threats and flattery, and free elocution, often unconth, bold, clear, expressive with warmth of honest feeling. which it was not easy to re- s!st. His ideas of law maybe inferred from the conclusion of one of his charges to the jury, which 1 once heard my father repeat. It was somewhat in this style
 " You have heard gentlemen of the jury, what has been said in this case by the lawyers, the rascals but I won't abuse them. It is their business to make a good case for their clients they are paid for it and they have done in this case we'll enough. But you and I, gentlemen, have something else to consider. They talk of a law. Why, gentlemen, it is not law that we want but justice. They would govern us by the common law of Eng iand. Trust me, gentlemen, common serse is a much safer guide for us-the common sense of Raymond, Eppng, Exeter and the other towns, which have sent us here to try this case between two of our neigbbors. 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. It was from one Shakespeare, an English player, I believe. No matter. It is good enough almost to be in the Bible. It is this Be just and fear not That, gentlemen, is the law in this clse. Be just and fear nct' 1t is our business to do justice between the parties, not by any quirks of the law out of Coks or Blackstone books that 1 never read and never wil but by com mon sense and common honesty as between man and man. That is our business and the curse of God is upon us, if we neglect. or evade. or turn aside from it. Aud now, Mir. Sheriff, take out the jury and you, Mr.. Foreman, do not keep us waiting with idle talk, of which there has been too much already about mat ters that have nothing to do with the merits of the case. Give us all honest verdict, of which, as plain common-sense men, you need not be ashamed"
 have made the judge speak good English, which he did not very often do "Th;s 'ere plaintiff" and that 'erc defendant" "them lawyers" and these 'ere witnesses" were expressions that fell from his lips yet, it was observed, that when warr:ed by his subject, his language, always forcible became suddenly accurate and even elegant, so naturally is cor rectness as we'll as eloquenc, the result of clear thought and earnest feeling It will not ex- cite surprise, that such q judge carried tue jury with him. Indeed, when fairly under way there was no stopping him. He tramp!ed down and rau over everything that stood be- fore him, and came out always first at the goal He had bceu from l715 to l784, dur ing the whole period of the revolution, one of the Committee of Safety, the most efficient of governments. Quick to feel and prompt to act he was resoate, strong-minded man, intent on doing substantial justice in every case, though often indifferent to the forms and re quircments of law. " You may laugh,' saiC Thcophilus Parsons, who practised for many years in our courts. "at his law, and ridicuit his language but Dudley is: after all, the best .ndgc 1 ever knew in New Hampshire" T' have received this praise from Judge Parsons Dudley must have been, on the whole tot igno rant of law, nor inattentive to it's substantial requirements. ",|ustice,' said Arthur Liver Ljvc-more, speaking to nc of Dudley, before whom he had himself Iractised was nevel better administered in New Hampshire thal when the judges knew very little of what the lawyers call law"