Page:The Green Bag (1889–1914), Volume 06.pdf/210

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The Supreme Court of Vermont. jury, and that the lay judges were not at all backward in the presence of their legal brethren is evident from a letter written by Chief Judge Tyler after the conviction of Cyrus B. Dean in August, 1808, of murder committed in an attack upon revenue offi cers on the Winooski River, in which he says : " Brothers Harrington and Galusha ' have given me substantial 'support. Judge

Galusha's maiden charge will do him honor in print, and Judge Harrington forced principles upon the most ignor ant in his peculiar, energetic way." Until 1850, a judge who tried causes at nisi prius could sit in banc upon the hear ing of any legal ques tions reserved, except one year. In 1837 an act was passed prohibiting it, but was repealed the fol lowing year. Since 1850 no judge could sit in the hearing of any question upon which he had passed LOYELAND in the court below, save at one time there was an exception in case three of the judges were disqualified in a cause. The most religious man, undoubtedly, among the judges, was the first chief, Moses Robinson; it is related of him that, at one time, there being a delay in some proceed ings in court, before commissioners in the settlement of an estate, he organized and conducted a prayer meeting in the interim. It was remarked by a wicked bystander, after the proceedings closed, that the claim ants, whose claims were disallowed, took an appeal notwithstanding prayers.

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There are but five ex-judges living, — James Barrett, in his eightieth year; Hoyt H. Wheeler, United States. District Judge; H. Henry Powers, M.C.; Wheelock G. Veazey, Interstate Commerce Commissioner, and Wm. H. Walker, who retired in conse quence of ill health. The only instance of father and son among the judges is that of Asa Aldis and his son, Asa O.; Daniel Kellogg was a son-in-law of Asa Aldis, his second wife was a grand daughter of Judge Bradley; of brothersin-law, there have been Asa O. Aldis and Daniel Kellogg; Moses Robinson married a sister of Jonas and David Fay, Jonathan Robinson the sister of Judge Fasset, and Judge Jacob the sister of Judge Farrand; of uncle and nephew, the two Royces; of brothers, there have been Moses and Jon athan Robinson, MUNSON Noah and Israel Smith, Jonas and David Fay, Isaac F. and Timothy P. Redfield. Samuel S. Phelps and John Pierpoint were cousins, and Judge Isham was the son of a cousin of the two latter. FREQUENCY OF ELECTIONS. The judges have been elected at every regular session of the Legislature. The mode of election, in respect to its fre quency, has often been adversely criticised, but it has been found to work well in prac tice, and no judge, since 1825, with two or three exceptions, has failed of an election,