The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-02-24

on the bench one trait SO prominent before
that of denouncng fraud or falsenood-.
and in the first case in which he delivered
an opinion, this crops out A Mr. G., had
placed his son with one p, until he should
become 2l years of age. The son, when
II, enlisted into the U. S. service. p. pro-
cured the minor to make his will, by which
he bequcathed all his property TO Lucy S
p, and made p administrator, who pre-
sentcd the will for probate, representing
that the testator was of age, Sc. =. and his
wife fraudulently concealed from the boys
father all knowledge Of the enlistment,
DEATH or prob te of the will OF his son, uu-
til it was too late for him to appeal. Upon
these facts, among other things Judge
Steele said "The soldier went to the front
and soon died at Port Hudson. His father
who was his heir at-law, knew neither of
his enlistment nor his death, until after p.
had procured the will to be probated. TAX
ing all the facts together, we are satisfied
that the Withholding from the probate court
all knowledge of this material fact, was
wiliul, and for u corrupt purpose, and the
probate procured thereby was a fraud upon
the hcr-at-law, from which tie lcgatec
should derive no advantage"
His quick, pet manner of illustrating the
truth and falsity of legal proposition went
with him on to the bench In a case to re-
cover town bouTty. the soldier was cred
tied to the defendant town and it was COM
tended that Il substitute, or man to Ill the
quota, was not like pFOpeyty, which would
form consideration On which to found
promise The Judge said, "Ths credit
the plaintiff could pass to any town he liked.
1t was property and kind OF property
which in those days had II well recognized
market value, commanded quick sales and
was the subject of an incoasiderable traffic"
Presiding in county court, he preserved or
der, disciplined the bar, disposed of old
cases, made all orders with care and made
them ciiectual Whenever colloquy oc-
cured between him and member of the
bar, he never took advantage of his posi-
ton, but had II pleasant way of keeping the
attorneys mind right on the subject and
causing him tc forget himself aud the Judge
in the abstraction. In his instructions TO
the jury he presented the case clear, concise
and complete. He did not lumber it with
legal phrases, nor confuse the jury with too
nice distinctions, but told them in plain,
simple language the effect on the verdict of
their finding given facts. lie did not argue
the case but stated it. He always interested
the jury and inspired them with confidence.
He divdcd,and simplifed the case so that
the jury could see branch at a time, and
then grouped them all so that they could
see the case as a whole. He encouraged
special findings of the jury, as much as pos
sible. so that if error was claimed, the SUI
premc court could see whether the defeated
party was seeking TO remedy an injury or to
get new trial. think we will go far be-
he did
The fud,e may conceive coruc,,, q Ia
gal idea hnt WHOM ha states If tho etoion,ont
may NOT he correct law If Ills iIeo was
correct. his statement folloycd il accnrote-
lv. and when he had onnoinrod ircorrnot
of law IN tho inv ,here ,,,os
no douht about ,vbot hn III stotn M
statement of ,vhot Ln chorooI tl,a Inv, ,,.no
clear and CORRECT sn that r. ha o;,,,1,i,tni
an error If was onnornn, riv;nr nnnort,,,.i
tv to have il reformed in the enTronio co,,,,
He dissolved the fears Of Inc friends h,.
layinr aside that ordor and 1e,l ,vhi"h ~
had been accustomed to hestow rnon ono
side of n case and s,t in tho n,i1Jio of II
weirhinr coch side of il No in,nariioIlv as
thoTnh Il had heon he iifn ~orl r. IL
The facts of a casa orn etr(n%i,, i,
Cavor of either marty IN netrici ,I,o
iurv in logicoI n,onnor oirIt io,'l, Wv
ihougl, tho i,tIrn woe ohor,r;n,r;, l., f,,,, 20
that marty 4 irnn stoton,ent IF s,ni,
ease Is often mistal,an fo, nortialitv i,,,
50 indenrndentlv would hr raaenn ma, o oi,
stroct nronositi3rs and ,hcn oni,, ,I'o,,, 'D
tho cosn thot ho would so,is ~ :; n,, ~
that IF Tie coeo eaanod 10 ,.nor IN IL tinmiy',
if was imnellcd Inv tho fac,o in !, ~ "'' t,'o
bench. ne nj fine bar his foil ike that Of