Detroit evening times., 1943-09-11
Charles Dickens


%AN layman make good judge? 1t sounds pretty
I fantastic. Yet there time in this country
>@ when nearly all the judges people who had
legal training knew no law didn't want TO and were even
proud Of their ignorance. That I'M Colonial times
Those who called upon to don judicial robes had
been farmers traders or seamcn They administered ys-
tce between their fellow according To- the dictates
Of their without regard 10 recedents
and without any thought to what this that great
authority Au--frUH all accounts they
did a pretty good job Of ii, too
Until about the time Of the Revolution not only were
there practically professionally trained Judges but there
fierce hatred towards lawyers The early colensts
wanted part of them. Each colony took pains
enact regulations governing the barrsters in their
midst aHd did everything 10 harass and discourage them
subject scrutiny many colonies
notably Virginia far forbid any ator-
ncy TO take any fee all and finally passed act for
bidding them TO appear court altogether
The colonists had forgotten the services
dered TO the Crown in England by lawyers prosecuting
opposed the King They that lawyers
part parcel tyrannes they had experienced
the old country and feared their power If they became
too strong here.
The colonsts Why Who had
grievance couldn't into and tell his story
his way be assisted by friends II he needed any
aid They saw no reason for big bulky law books or law"
ycrs spoutng hghautn phrases which puzzled
many layman Judge then many a client today
one OF the most Interesting of these early judges was
John Dudley Of New Hampshire, which colony did allow
lawyers 10 people who wanted them. Dudley before
ascended the bench in turn grocer farmer and
lumber dealer As 10 education he got beyond q
most elementary ability to read and write gaining
great facility in either for Il years from 1884
TO 1897, Dudley member OF the Superior Of
New Hampshire. then the highest the state
AS judge Dudley was liked by the people who ar.
peaTed before hin and admired by many lawyer
whose professional jealousy didn't get the better
According 20 contemporary reports Dudley had powerful
mind he impartial and upright and the
crude cloqucnce which He
man Of strong and seldom hestated them
known 20 the jury He used TO say that he more
interested in doing justice than in following the
one OF Dudleys charges TO the jury has been pre-
served Any judge who spoke to twelve good men and
this fashion today probably would mpeached
for Incompetence to say nothing Of conduct unbecomng
judge.
Yet it Of Judge Dudley that Chief Justice Theo-
phlus Parsons Of the Supreme Court OF Massachusetts
the most learned lawyer and Judge OF his day said:
Though may smile at Dudey's law and ridicue his
language yet Dudley taken all in all greatest and
best Judge 7 ever knew in New Hampshire"
Here is Dudcys charge: Gentlemen Of the jury you
have heard what has been said In this ere
lawyers The rasca5! but I'll not abuse 'cm their
business TO make good case for their clients They
paid for IT,
you T. CCncmcn somethin' else Ia think
o. They talk Of law. Whv Gentlemen IT. not law, We
want but Justice, They would govern by the common
law Of England. Trust Gentlemen,
much safer guide 10 the common sense OF the towns
which have scnt us here to try this ere case between
two OF ncghbors. clear head and an honest heart
worth more than all tho law Of all them lawyers
There one good thing said by one of ,eR4. II
from Shakespeare English player believe No matter
It's good enough almost to be the Bible II is this
BE just and fear not
That Gentlemen the law this ere case and law
enough in any BE just and fear not It's bust
ness 20 Justice plaintiff ere
defendant any drts of law ont Of Coke or
Bnc<stonc-book that I read and will
but by honesty and common sense between 4
and man. That is our business, and the curse Of
God upon neglect evadc or turn aside from
And now Mr. Sheriff take the Jury out: and you Mr.
Enrc1-an -11altlIa uIith Idle tattl-re7
much that in this ere and about matters
which don't have nothing TO do with it Give MS AN hon
est verdict Of which plain common sense men you
need not be ashamed"