Page:The Green Bag (1889–1914), Volume 06.pdf/153

 130

cise as those of some of his brethren; he went to Maine, engaging in the lumber had a great acquaintance with cases, modern business and land speculations, in which he as well as early, and had one advantage, in lost his property. He facetiously referred that respect, over many of his brethren, in to his Maine experiences in stating his age, by saying that he was so many years old, that he understood and accurately remem bered what the cases were, so that he could but if you counted the time he lost in apply the principles established by them Maine, was two years older. correctly. Although his opinions are some In the spring of 1838, he removed his what discursive and not concise, they are family to Burlington and returned to Maine very interesting; he does not stray from the for the purpose of closing his business there. point before the court, but occasionally In the fall of that year, Judge Phelps, his states a principle used in his reasoning and class-mate at Yale, having been elected as illustration, that sometimes misleads an senator, he was chosen to succeed him as ignorant or not discerning counsel in leading judge, Mr. Phelps being quite active in his him to suppose that that was the point de support. Mr. Linsley of Middlebury was a cided. Nothing is more interesting than the prominent candidate upon the first ballot, reading of Judge Redfield's opinions, for you but upon the third Mr. Bennett was elected meet often with such instances as these: in by thirty-seven majority. referring to the testimony in an equity case, He was plain and simple in his manners, he says, "After reading and re-reading till I without display or ostentation, better fitted have become heartily tired of it, I have not for service in the Supreme Court than at been able to feel very confident upon this nisi prius. He was a great master of the point" (24 Vt. 248). In Paddock v. Pal common law and equity; more noted in the mer, 19 Vt., he says, referring to the inter trial of criminal cases than in civil. Upon ference of equity in enjoining judgments at being told of his reputation in that respect, law, for the penalty of a bond, instead of he replied, " I try criminal as I do other damages suffered by the plaintiff, that Sir cases; I don't intend that many of these Thomas More, when Lord High Chancellor, rascals shall slip through my fingers." He "swore an oath in the horrid language of was sometimes criticised by counsel for the times, by the beard of the Almighty, respondents, and often unjustly. Probably that just so long as courts of law continued the most widely known of his opinions is to render such judgments, he would enjoin the dissenting one in State v. Croteau, in them." After the death of Judge Chase in which the Court held that the jury were 1846, Judge Redfield purchased his home judges of the law in criminal cases. The stead at Randolph Centre, removed to it the case was argued for the respondent in De following year and resided there until his cember, 1849, by the late United States removal to Boston. He died of an attack District Judge Smalley. Judge Bennett dis of pneumonia in his seventy-second year, sented and wrote a lengthy opinion (see 23 and was buried at Windsor. Vt.),in which he made a vigorous attack upon the doctrine enunciated by the Court. The decision has lately been overruled by Milo L. Bennett, a native of Connecti cut, was educated at Williams College and the Court in State v. Burpee, 65 Vermont 1, Yale, graduating at the latter in 1811. He in which the views of Judge Bennett were studied law at the Litchfield Law School, fully approved. It is a singular coincidence settled in Bennington, removing in a short that the respondent Croteau died immedi time to Manchester. He was State attorney ately after the doctrine established in his and judge of probate. About 1836, he case was overruled.