Page:The Green Bag (1889–1914), Volume 09.pdf/280

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Chief-Justice Charles Doe. sign of stopping the call of the docket. One member of the bar, in whose favor various orders were made, manifested his content by a smiling face. The others were irritated to a greater or less degree. At length one member rose, and with tears in his eyes protested against a ruling. Almost immediately there followed in another case an exception with a vehement speech of ten minutes in length, directed chiefly at the court. In the same case, Colonel Tappan, afterwards and for many years attorney general of the State, joined in the denuncia tion of the rulings and closed by saying with great emphasis, " I protest against the action of the court." Judge Doe listened to the whole, which lasted perhaps half an hour, apparently unruffled, and, at the close of Colonel Tappan's protest, said quietly : " Mr. Clerk, enter Colonel Tappan's protest and any other motion or protest he desires to make, and enter them all overruled." An amusing instance of his indifference to what was said about him and an illustra tion of his readiness occurred when a mem ber of the bar, beginning his argument to the jury, was stopped by Judge Doe, who said. "You cannot argue that; there is no evidence in the case to sustain it." Twice or three times, the counsel started off with new suggestions and was stopped by almost the same language. Apparently at a loss, the counsel turned to the jury and said in a slow, solemn manner, " I have argued cases in this court room before Judge Richardson and before Judge Parker, and," — when Judge Doe interrupted him with, " Proceed, Brother A., you are in order now." Judge Doe's opinions occupy many pages in our reports. His style cannot easily be mistaken, and anyone at all familiar with the New Hampshire Reports cannot fail to recognize that many of the opinions bearing the name of some other judge must have emanated in a large degree from the pen of the Chief Justice. A brilliant and striking instance is the case of State r. Sanders,

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attributed to Judge Allen. Were it not for the astounding fact recorded at the end of the opinion that "Doe, C. J., does not sit," no one would hesitate to say that every word emanated from the mind of that eminent jurist. Judge Doc exerted a great and command ing influence upon his associates. A strong man, a quick reasoner, his mind grasping the salient points as if by intuition, he naturally led rather than followed. These intellectual qualities generally made others yield to his judgment, especially when joined to them was the capacity of expressing his views clearly. When he elaborated an opin ion, the result was sometimes wanting in lucidity, but his oral utterances were clear and to the point. He did not always try to accomplish his purpose in the same way. He understood men and had different ways of dealing with them. At one conference with his associates, a difference of opinion gave rise to a long and vigorous debate between one of the judges and his associates. Judge Doe sat quietly listening and said nothing. At length, he said, to the great amazement of the majority, who felt sure of their ground : " I agree with Brother X. Let the majority opinion decide the case, and Brother X., you write the dissenting opinion." No more was said at the time. A day or two later, when there was a lull in the con sultations, Judge Doe turned round to Judge X. and said, in his usual pleasant manner, "X., I got to thinking over the Smith v, Jones case last night, and this occurred to me and it rather troubled me; I could not quite see my way out. . What do you say to it?" And then he made a suggestion that was vital, but which had not been alluded to in the previous debate. Judge X., taken unawares and without the excite ment of an attack from hostile sources, floundered about and had no answer ready. "I am afraid, Brother X.," said Judge Doe, "we shall have to give up that case," and