Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1874-03-02

] WHICH IounU MIN III MS Ollce until + Q =
clock in the morning, were the 1ule rathA
er than the exception, and so intense
and severe was his application to busi-
ness that he would come home from u
long term of court and be Frustrated
three or four days, lying most of the
time but with book on the lounge in
his Office
In the fail of 1865, Hon. Luke 2. Po
land, being appointed to fill the vacancy
occasioned by the death of Senator Col
lamer, a vacancy was occasioned on the
bench of the Supreme Court. Who
should be appointed to fill it j.? The fit.
ness of many was suggested. for there
were many good men fit for the position.
Those who urged the appointment of
others questioned the policy of appoint
ing young Steele, and even his friends
feared that his ardent and enthusiastic
temperament might be too hasty for
judge, and that his being so young and
fresh from his conducting only one side
of a case, would unfit him for adjusting
the scales evenly between the two sides.
But his thorough business character and
his fine mental traits were so prominent,
that Gov. Dillingham;. without hesitan-
cy. gave him a commission. He entered
upon the duties of the office amid the
greatest anxiety of his friends, but it
was soon allayed. He presided with
ease and was very patient in his inves-
LEGATIONS. He listened to the presenta
ton of all questions with interest. He
was condescending, even kind and for
bearing to the younger and weaker
members of the bar. He disposed of the
questions presented with such prompt
ness, care and accuracy, as to dispel all
the fears and aDxieties of his friends.
On the bench he always acted with con-
fdence and promptness, but never with
insolence. His education, his ability,
literary taste, and his accuracy of ex-
preston made him at once an ornament
to the Bench Through his fine style
of writing his opinions were conveyed to
a pleased public. He carried with him
on the Bench one trait SO prominent be-
fore-that of denouncing fraud or false
hood-and in the first case in which he
delivered an opinion, this crops out. A
Mr.. G. had placed his son with one ?.
until he should become , years of age.
The son, when II, enlisted into the L.
S. service. ?. procured the minor to
rzzVelro his will by which he baaueathad
all his property to Lucy S. z. and made
P. administrator, who presented the will
for probate, representing that the testa-
tor was of age, &c. P. and his wife frau
dulently concealed from the boys father
all knowledge of the enlistment, death,
or probate of the viii Of his son, until it
was too late for his appeal. Upon these
facts, among other things, Judge Steele
said 1.-The soldier went to the front
and soon died at Port Hudson. His faith
err, who was his heir-at-law, knew nei-
ther of his enlistment nor his death, un-
til after P. had procured the will to be
probated. Taking all the facts together,
we are satisfied that the Withholding
from the probate court all knowledge of
this material fact. was wilful, and for a
corrupt purpose, and the probate procur-
ed thereby was q fraud upon the heir-at
law, from which the legatee should de-
rive no advantage
His quick, apt manner of illustrating
the truth and falsity Of a legal PROPOSE
ton went with him on to the bench. In
a case to recover town bounty, the sol
der was credited to the defendant town
and it was contended that a substitute
or man to fill the quota, was not like
property, which would form a considera-
ton on which to found promise. The
Judge said, "Ihis credit the plaintiff
could pass to any town he liked. 1t was
property and kind Of property which
in those days had a we'll recognized mar
ket value, commanded quick sales and
was the subject of no inconsiderable traf-
fic." Presiding in County Court. he pre-
served order. disciplined the bar, di8pos-
ed of old cases. made all orders with
care and made them efectual, Whcnev-
er a colloquy occurred between him and
a member of the bar, he never took ad-
vantage of his position, but had pleas
ant way of keeping the attorneys mind
right on the subject and causing him to
forget himself and the judge in the alb
straction. In his instructions to the ju-
ry he presented the case clear, concise
and complete. He did not lumber it with
4 legal phrases, nor confuse the jury with
too nice distinctions, but told them in
plain, simple language, the effects on
the verdict Of their finding given facts
He did not argue the case but stated it
He always interested the jury and in
spired them with confidence. He divid.
ed and simplifed the case 50 that the
jury could see branch at a time, and
then grouped them all so that they could
see the case as whole. He encouraged
special findings Of the jury, as much as
possible, 50 that if error was claimed
the Supreme court could sec whether thu
: defeated party was seeking to remedy
an injdry or to get new trial. thini
we will 90 far before we find a Judge t.
aid jury more than he did.
. The judge may conceive correctly ;
legal idea, but when he states it thu
: statement may not be correct law. /
t his idea was correct, his statement fol
) lowed it accurately, and when he hae
announced incorrect propositions Of lav
to the jury there was no doubt abou
what he did state. The statement 0
r what he charged the jury was clear an'
correct, 50 that if he committed an erro
: it was apparent, giving opportunity t.
l have it reformed in the Supreme Court
He dissolved the fears Of his friends, b,
laying aside that ardor and zeal whicl
t he had been accustomed to bestow upol
f one side of a case, and sat in the middl
: of it. weighing each side Of it as impair
7 TALLY as though it had been his lif
Y work. If the facts Of case are strong
0 ly in favor of either party, to instruc
d the iury In LOGICAL manner might loo