Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-09-02

Inc foremost lawyers OF the New England
bar at the beginning of this century were Sulli
van, Dexter, Parsons, Otis and Prescott, Gov
Sullivan was then sixty years DID, Samuel Dex.
ter not quite forty, and Harrison Gray Otis only
thirty-fve. William Prescott, father of the his
torian, was four years younger than Dexter
and Theophilus Parsons stood midway between
the two. Of all these, the last named only has
lett anything like permanent fame.
Theophius Parsons never had his superior AT
the bar nor his equal on the bench, in Massa-
chusetts. When he took his seat on the latter in
1906, business had so accumulated on thecounty
dockets that few cases could come to trial in less
than three years. Judge Parsons resolved that
the dockets should be cleared No delays were
allowed, the cases took their turns, and counsel
and clients were made to understand that they
must go to trial when called. A new face OF
things was soon visible in the courts, and all
but the lawyers were satisfied. They said that
the chief justice was arbitrary and overbcaring,
especially as he would never permit an argu,
ment to be made TO the Jury unsupported by
evidence. He stopped Mr.. Dexter in argument,
one day, on the ground that he was trying to
persuade the jury of that for which there was
no evidence. The latter became quite angry,
and replied; "Your honor did not argue your
own cases in the way you require us to" Ger
talnly not" was the reply, "but that was the
Judges fault not mine" In trial of i'm
portance, in Boston, Mr.. Otis offered some test.
mony, which Judge Parsons ruled out The
former submitted, but in his argument was be-
ginning some allusion to it, when the Judge
said: Brother Otis, that will not do you
know that evidence was ruled out" But it was
very important to the case, and shortly after
Mr.. Otis referred to it again. Then Judge Par.
sons said; "Mr. Otis, please understand and
remember that fact is not in the case, and is not
to be brought in thus indirectly" Mr.. Otis
again submitted and apologized; but with char
acterlshc pertlnacity before long again ventured
upon an allusion to it.. "Sit down, Mr.. Otis, sit
down, sir, was the stern command; and with
out permitting him to say anything more, the
judge arose and charged the jury.
AT Worcester, the lawyers determined to resist
the innovation. Frank Blake the leading bar.
rlster of the county, was the chief Justices in
innate friend. "Stop moment, Brother
Blake, interposed Chief Justice Parsons. "What
points 90 you propose to present to the jury on
this evidenee~ 81 will, if your honor pleases,
state them to the jury" mo; you must state
them 10 the court first" 81 decline doing so.
may it please your honor; insist on my right
to address the jury in my own way" Certainly,
if you address them at all you may address them
IN your own way-and there can be none better;
but must first know whetheryou have any case
to speak about do not now see one, but per-
haps you may point one out" 81 will endeavor
to do so to the jury" "No, you must do so
first to me-" "This | positively decline"
VERY well, with any view of the case can now
take, you will waste the time Of the jury, the
court and the county by any argument" Mr..
Blake then arose, and turning TO the jury, be-
gan: Gentlemen of the jury''-when the Judge
instantly said: 'Mr. Sheriff, commit Mr.. Blake
TO close JAIL, and quickly arose and began
charging the jury. The sheriff approached Mr..
Blake, who rose to follow him, but the Judge,
lnterrupling his charge, said to the sheriff,
Stop, sir, few moments" and went on and
gave the case TO the jury. He then turned to
the bar and said: Brother Blake, will you go
TO lall now, or wait until you have got through
with some of your case2' 81 Think" said
Blake, 'it it is all the same to your honor,
will wait little" The judge attended an
evening supper party at Mr.. Blake's house,
When the court adjourned, and the awkward
scene narrated did not diminish the jollity of
the gathering, Still the bar would not yield.
AT taunton, MIR. Burgess of Rhode Island en-
tered into the combat. He came dressed with
inc elegance and nicely of gentleman of the
Ola school - silk stockings, knee-buckles.
breeches, lace ruffles and powdered hair He
too, was an old personal friend of the Judge.
ana had been sent for to do what could he done
to gain cause. A scene similar to the Blake
affair occurred. BY this time it was ascertained
that, if the points were asked for nv the
court, they must be given, Mr. Burgess
so far yielded, therefore, as to state one.
"That is no point at all, Brother Burgess
have you not one~ eyes, your honor" and
stated it. "You have not a particle of evidence
Tor that point, as you very well know, Brother
Burgess; what other" And SO the thing went
on, until the judge fatty refused to let him
speak. MAY it please your honor" said Mr.
Burgess, 81 think have good case, an excel.
lent case, and believe can satisfy the jury of il
and demand, as a matter of right, permission
to try" "A very good case you have, no doubt
Brother Burgess, but unluckily no evidence, and
therefore nothing to 20 TO a jury on" Mr.
Burgess at once gathered up his papers aud
marched Indignantly out of court. When the
court adjourned for dinner, the Judge found Mr..
Burgess haranguing the crowd upon the tyr
amy OF Judge Parsons. Waiting a moment, he
said; Brother Burgess, if you get through in
season, come in and dine with me-" Burgess
stopped moment turned around, met Judge
Parsons eye, and saying, 81 give it UNI give il
all up" took the judges arm, and went 10 din
| ner.
The seniors of the bar were oftimes not lii.
tie irritated at Judge Parsons kindness 10 the
| younger members. An anecdote is told in
| Northampton of his advice to Elijah H. Mills
| upon his first appearance court. An old LAWYER
| in Hampshire county was prevented by Illness
| from being present, and had given young Mills
his papers, with the advice to employ som,
| older counsel. "To whom will YOU refer me fol
assistance, your honor?" inquired the timi,
| young barrister The Judge, quick at perceiv
| ing merit, replied, "To yourself, Brother Mills
| think you and can do the business" Every
thing went on well with the help of hint her
and there, and when tie court adjourned, Mill
called at the judges chambers to thank hin
and say good bye. AS he entered, Mr.. SERGEANT
the leader Of the Franklin county bar, arose t