Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1869-01-29

no ambition to exhibit the majesty Of the law ny
working Injustice TO individual cases. He never
iutimated an opinion to the inry as to the
weight of evidence before them, but he would III
his charge so present the case 10 Their conslIef-
ton, that they would naturally arrive II the re
suit winch he desired His capacity to do thl~,
was superior to that of any Judge to whom
ever listened. Sheer pcttifogging ami ha
capidHdum arguments were at a discount "a MS
Court for he had the last discussion before ina
jury, and such matters were quietly but elect
ually laid out of the case.
When presiding at a jury trial he would not
allow the witnesses TO be interrupted lor the
purpose Of giving counsel an opportunity to
write down all the witness said, and never hinl-
self interrupted the witness in giving his testi-
monv in chief in order to write out every word.
When the witness was through he would some
time, ask him to repeat what he had said on
particular point, if he thought his notes were
not sufficiently full to enable him to state the
testimony substantially. lie adopted the opin-
ion that jurors hai the power Of memory TO a
reasonable extent; and, inasmuch as they could
have the minutes of the Court or Counsel to and
them, it was more important for them to hear
and understand the witness, than It was that the
Court or Counsel should write down all that was
said-that if the witness was frequently inter-
ruptei ne would not understand himself. and II
he did not, there was small chance Of his being
understood by the jury.
To the younger members of the profession,
especially if little timid I'd embarrassed, he was
always polite, kind and encouraging, and would
never allow them 10 be thrust aside by their
more impudent and oyerbeiring brethren. If
they made mistakes in their papers or pleadings,
he would not permit their clients to be injured
thereby if he could prevent it, but furnished
them with suitable and necessary sug estions, 20
assist them in placing their papers in proper or
der before the Court. This kindness and con-
sideration ON his part, WAS, | am happy TO say.
luly appreciated by the profession, and he has
leir more warm personal friends than any mem
Der Of tie bar or bench with whom have ever
been acquainted.
As chlnceller, in hearing casts On the equity
side Of the Court. he exhibited marked ability
and skill in Analysing and properly approaching
the relative force and importance OF the evidence
before him, and would draw correct conclusions
from conflicting statements with great acuteness.
Though he usually rmed au opinion IA the
merits Of the controversy at the hearing, he al
ways gave the evidence and the law Of the case
a careful re, sion before he pronounced decree,
and in So doing would often detect facts and
circumstances which had escaped the notice Of
counsel at die baI, and which would sometimes
entirely change lis opinion upon the merits Of
tie case lie was profoundly learned in the
principles of equity aud common law, though he
never s;euutilusly exhibited that learning His
extreme mode.ty and want Of seii-coufieuce Of
ten deferred him from expressing legal opinions
very emphaticllIv, while, rs 10 himself, he eu-
tertaiuel 40 doubt on tle subject agitated
Some men have read more books, few have