St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1911-03-08


needs all kinds of men on his jury,
old and young. rich and poor, intel
ligent and stupid, a German, and
Irishman, a Jew, Southerner, and
Yankee. He should mix them all
he can, let them fight it out among
themselves, and agree If they can. :
And agree if they can the
author puts in italics. There is a
hint here of why justice miscarries
so often in this country AS to call
down upon it the criticism of Presi-
dent Taft, who declares that lawless-
ness has reached those proportions
that make it a disgrace to our civili-
zation. 1t is legalism head and
shoulders above the Judicial temper
ament-and none but the rich can
enjoy legaliSm at It's full l. ~oIn.
But it is not alone with juries that
the masters of the craft exercise
their might, but, as Mr.. Roosevelt
said, "as things actually are, we all
know that many of the most influen-
tial and most highly renumerated
members of the bar in every center
of wealth, make it their special task
to work out bold and ingenious
schemes, by which their clients, in
dividual or incorporate can evade,
the laws which were made to regu-
of wealth.
While we are lost in such maze
of lawlessness and corruption, when
we bear the burden of such system
which is utterly out of keeping with
our claims of progress and equal OPP
portunity, it is refreshing to read the
conclusion of one of the charges to a
jury made by Judge Dudley, who sat
on the New Hampshire bench from
1885 to 1909, a man Of no legal edu-
cation, and with but little claim to
learning of any kind, but who saw
clearly and made himself clearly I'M
derstood. Said the Judge:
''You have heard, gentlemen of
the jury, what has been said in this
case by the lawyers, the rascals; but
no, / will not abuse them. 1t is their
business to make a good case for
their client; they are paid for it, and
they have done in this case well
enough. But you and I, gentlemen
of the jury, have something else to
consider. They talk of law. Why,
gentlemen, it is not law we want,
but justice. They would govern US
by the common law of England.
Trust me, gentlemen, common sense
common sense of Raymond, Epping,
Exeter, and other towns which have
sent us here to try this case between
two of our neighbors. A clear head
and an honest heart is worth more
than all the lawyers.
"There was one good thing said
at the bar. 1t was from Shakes
peare, an English player, l believe.
No matter, it is good enough almost
to be in the Bible. It is this, BE
just and fear not That, gentlemen, is
the law in this case. Be just and
fear not 1t is our business to do
Justice between the parties, not by
any quirks of the law out of Cooke
or Blackstone, books that l never
read and never will; but by common
sense and common honesty as be-
tween man and man. This is our
business, and the curse of God is up
on US if we neglect, or evade, or turn
aside from it.
t.And now, Mr.. Sheriff, take out
the jury; and you, Mr.. Foreman, do
not keep US waiting with idle talk,
of which there has been too much al
ready, about matters which have
nothing to do with the merits of the
case. Give us an honest verdict, of
which, as plain, common sense men,
you need not be ashamed
Of Judge Dudley, Judge Theophil-
us Parsons said: "You may laugh at
his law, and ridicule his language,
but Dudley is, after all, the best
judge l ever knew in New Hamp
shire
The one great, good point with
Judge Dudley was that he was abso-
lutely free from the faint of legal
ism.-[St. Adams Messenger.