The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1921-09-30
TRIBUTE TO JUDGE W0RDEN
CONTINUED from Page ID

whose clearness of thinking, whose ability
to reason, even though a layman, in the
elementary legal principles presented to
him, enabled him to decide these causes
that came before him more and more in
the past than at present, in such way
as to be almost universally satisfactory
both to the litigantS and to the attorneys
who appeared before him. We can well
say that a good man has gone. Out of
respect, Your Honor, for the memory of
! Judge Worden, | would move that the
court at > O'Clock take a recess for such
time as may seem advisable to the court
out of respect to and in memory of Judge
| Worden a man and for SO long time
as assistant judge of this court"
| The Court When | first came to this
county to preside in 1912, Judge W0rden
was the senior assistant judge of this
court, and / found him on the first morn
ing of my official duties as judge sitting
that term of court. If | remember cor
rectly, that was the only term that he
did sit while / was presiding, for he soon
retired from the bench ON account of his
| advancing years. | knew him very per-
Sonally and found his assistance very help
| full in the determination of such matters
as came TO his attention and were within
the scope of his authority to deal with
| Moreover, l had occasion to inquire of
| those Judges who had been here before my
| time, some of whom We're then sitting as
| justices of the supreme court, and
| Learned from them the very high regard in
which Judge Worden was held. one of
| them saying to me that he had often
called on the judge for his counsel in
matters arising in court and had never
| been disappointed in the judges attitude
! upon any question which he had submitted
to him. | thought that was saying good
deal, and, of course, good deal can be
said of the man who is called to admin
lister the duties of an assistant judge.
We understand there is more or less
argument at frequent sessions of the legis-
! lature, particularly at those sessions
where the question of the continuance of
/ the assistant judges is before the people in
| the way Of proposals TOR amendment to
| the state constitution but thus far the
people have uniformly held that the as
sistant Judges shall continue. That |
/ think is a product of the early history of
Vermont and those of you who are famil-
lar with it understand that in the early
| time we had no lawyers as judges. All
| the early judges of the supreme court
were laymen; they administered the law
1t was Il board of laymen judges who de-
cided the Knowlton case as you will re
member. Judge knOwlton was taken out
of his home on Newfane hill and was
taken down to Massachusetts his house
broken into in the night time. and the
ones who committed the offcn>c We're in
dicted for larceny and the case was sol
, EMMY tried before the court of laymen
judges. and the jury rendered n verdict
in which they set forth especially that if
the circumstances attending the breaking
into the house and the taking and carry
ing away the body of Luke knowlton con-
stituted larceny or burglary. why the re-
sponlents Were guilty, but otherwise they
were not guilty and this court made up
nf La I7I
constitute burglary or larceny and found
the respondents not guilty.
And | feel the side judges or assistant
judges are retained largely on account of
the early experiences of Vermont in hay
ing laymen administer the Office which
judges are now administering. who are
members of the bar. For my own part
the more experience | have in sitting as a
presiding judge the more / feel inclined to
the opinion that tic assistant judges arc
very serviceable members of the court.
They are very helpful i'm questions of trial
of facts: they are very useful in acquaint-
ing the judge with the local situations and
circumstances. local men and conditions.
and | feel very sure that the laborS which
the presiding judges have to perform are
rendered easier and more certain of cor
rect results on account of the services of
the assistant judges.
Now among these assistant Judges
whom / have met, Judge Worden was one
of the best. He had the fundamental
training which was essential for the dis
charge of his duties as assistant judge
he had gone up through the local offices
that the community brought to him: he
touched elbows with his fellowmen there
at homc, had been trial justice and had
performed the duties that had fallen to
him and was well qualified to discharge
his duties here, and when he came he did