Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1869-05-14

for fifteen years, it cannot be changed
without the consent of both parties."-
And he used this illustration, "They
who take up lands in new country are
like the Israelites, gathering mamma in
the wilderness. They who gathered
much had nothing over, and they who
gathered little had no lack" He was
quite in the habit of drawing illustra-
tions from the Bible, and to his familiar
ity with the we'll of English undefiled,"
he was doubtless indebted in part for
his clear, concise, nervous style of dis
course.
He sometimes expressed himself very
contemptuously of the legal learning to
be derived from books. On the trial of
an information against the West River
Bridge Company, William G. Bradley,
who was of counsel in the case, present
ed himself at the bar, with a large ar
ray of books which he proposed to cite.
+" What books are those?" inquired the
Judge. English books, your Honor"
was the reply. "P'shaw," exclaimed
the Judge, "take them away, we don't
want books brought over the big puddle
to tell us what the law is" On other
occasions, however, he listened very pa
tiently to elaborate arguments and CO.
pious citations of authorities upon legal
questions, though his decisions were even
tually made with little reference to them.
In Rutland County suit founded on an
old statute, was pending, in which two
persons, each Of them the owner of a
dog, were made joint defendants, and it
was attempted to make them jointly, IL
able for damages which the dogs had
done, in cuapany, to flock of sheep.
As this appeared on the face of the dec
laration, there was demurrer, and on
this the case stood for hearing. Darius
Chapman and John Cook were the attor-
neys, and each of them was strongly for
titled with books. After an elaborate
argument on each side had been made,
Judge Harrington encouraged the coun-
sci to still further discussion, asking
each of them by turn if he had not
something more to say, till both declar
ed that they were quite ready to submit
the case. The opinion of the court was
speedily pronounced in this brief COLO
guy: You call this demurrer, do
you, Brother Chapman ?" eyes, your
honor" You call it demurrer, do
you, Brother Cook ~ " Yes, your hon
or" "Well, / don't know anything
about your demurrers, but / know that
if my dog kills sheep you can't make
my neighbors pay for it. Mr.. Clerk
enter judgment for the defendants"
He sometimes exercised chancery ju-
risdiction in very summary way. In
an action on bond, the plaintiff offered
in support of his declaration a written
instrument, purporting to be under seal,
and corresponding in every particular to
the declaration, save only that no seal
had ever been in fact appended. Abel
Spencer for the defendant, insisted with
some vigor, as well he might, and with
a good deal of rhetorical flourish, that
the defect was fatal. When his grafton
was finished, Judge Harrington address
ed the clerk" Hand me wafer" The
wafer was handed to him, he tore off a
bit of paper, wet the wafer, applied it,
and sealing it with his thumb nail, ex-
tended the document to the astonished
lawyer, saying, "There, Mr.. Spencer,
what do yon say to that ?"
1t was rarely he allowed a criminal to
go unwhipped of justice because of a
flaw in the indictment, or a deficiency in
the testimony. On the trial of person
for passing counterfeit money, the wit
nesses called by the prosecution were ev-
identity very unwilling. "Do you know
the respondent ?" was inquired of one of
them. 81 do not Have you ever
been acquainted with him ?" "No, l
have not" "Do you know where he
came from?" 81 do not Neither do
| know where he came FROM" interposed
the Judge, but know where he is go
ing tt" and the judge did not part with
him till he was sentenced to the State
prison.
On another occasion person was ar
raigned before him on criminal charge
against whom the only ground of suspi
cion was that he refused to tell his flame
He expected an immediate discharge,
but when the case was closed, the Judge
thus addressed him: :" 1t has been fully
proved that you refuse to tell your
name, and you seem to think that no
man has a right to ask your name. You
say that it was not civil question. Ger
tainly you cannot say but that you was
asked in civil way. First, we sent
Harry Hodges to ask you, and if there
4 il a nolite man in the county of PutIapd